Amended proposal for a EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE relating to the maximum design speed of wheeled agricultural or forestry tractors
COMMISSION OF THE EUROPEAN COMMUNITIES à it Brussels, 17 01. 1997 COM(97)5 final 96/0129 (COD) Amended proposal for a EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE relating to the maximum design speed of wheeled agricultural or forestry tractors (presented by the Commission pursuant to Article 189 a (2) of the EC-Treaty) EXPLANATORY MEMORANDUM Following the opinion of the European Parliament1 of 10 December 1996 on the proposal for a European Parliament and Council Directive on the maximum design speed of wheeled agricultural or forestry tractors2 and in accordance with Article 189(a)(2) of the EC Treaty, the Commission has decided to amend the abovementioned proposal. The Commission accepts the substance of the amendments to introduce: a new recital 5a regarding improvement and harmonization of all safety aspects such as the installation of safety belts (amendment 1); a new recital 5c to the effect that pollution from tractors should be the subject of future Community legislation (amendment 3). The Commission rejects the amendments to introduce: - a new recital 5b to the effect that Member Stales should examine the need for the introduction of technical controls for tractors at regular intervals (amendment 2). The Commission prefers to abide by Article I ()()a of the Treaty, which forms the basis of this proposal which is concerned only with design standards for new tractors. Once tractors arc in use, their regular technical control comes under Article 75 on transport. The Commission can therefore only take due note of Parliament's wish to provide for regular controls of this kind and will consider, in the framework of the appropriate procedures, what proposals should be drafted; - a new Article la dealing with both Community and national type-approval requirements for tractors (amendment 4). The Commission cannot accept the first three sentences of this amendment, since their content is already included in the Directives to be amended by this proposal for a Directive, or the fourth sentence, which concerns tractors with speeds in excess of 40 km/h, which by definition are not covered by that Directive and are the subject of national framework Directive 74/150/EEC. Furthermore, the specifications in the Community Directives do not relate to tractors with speeds in excess of 40 km/h. accordance with Article 10 legislation of in hoc. PF 254 AW. i " OJC 186, 2A. 6. IW6. Amended proposal for a European Parliament and Council Directive on the maximum design speed of wheeled agricultural or forestry tractors Initial text Amended text (Amendment 1 ) New recital 5(a) whereas it is necessary to improve and harmonize all safety uspcctà-sueh as the installation of safety belts: (Amendment 3) New recital 5(c) whereas pollution from tractors, should be the fuluie Community legislation. subject Ol ISSN 0254-1475 COM(97) 5 final DOCUMENTS EN 15 (17 (13 Catalogue number : CB-CO-97-004-HN-C ISUN 92-78-14227-1 Office for Official Publications of the European Communities 1,-2985 Luxembourg M