§53 農業用及び林業用トラクター

The exclusion set out in the first indent of Article 1 (2) (e) concerns agricultural and forestry tractors covered by Regulation 167/2013 on the approval and market surveillance of agricultural and forestry vehicles (Tractors) which replaced Directive 2003/37/EC on 1st January 2016. The amendment brought to Article 1(2)(e) of the Machinery Directive, is removing the reference to the exclusion being only for the risks covered by that Directive. Such tractors supplied under Regulation 167/2013 as of 1 January 2016 are completely excluded from the Machinery Directive. However, there is a two-year transition period where tractors supplied under national legislation implementing Directive 2003/37/EC can still be supplied up to 31st December 2017, and are thus also in scope of the Machinery Directive 2006/42/EC.

This change was made because at the time the new Machinery Directive was adopted; the Tractors Directive did not deal with all the risks associated with the use of tractors. The new Regulation 167/2013 was drafted to cover all risks including those previously covered by the Machinery Directive, and so a complete exclusion could be made. This change was anticipated when the Machinery Directive 2006/42/EC was adopted, the following joint declaration was made by the European Parliament, the Council and the Commission:

The Parliament, the Council and the Commission declare that, in order to cover all aspects related to the health and safety of agricultural and forestry tractors in one harmonising Directive, the Directive 2003/37/EC on type-approval of agricultural and forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units needs to be modified so as to address all the relevant risks of the Machinery Directive.

Such a modification of Directive 2003/37/EC should include an amendment of the Machinery Directive, in order to delete the expression “for the risks” in Article 1 (2) (e), first indent.

The Commission recognises the need to include in the agricultural and forestry tractors directives further requirements for risks not yet covered by these directives. To this end, the Commission is considering appropriate measures that include references to United Nations regulations, CEN and ISO standards and OECD codes.

It is important to note that the exclusion relating to agricultural and forestry tractors applies only to the tractors themselves and not to their trailers, to towed or pushed machinery or to mounted or semi-mounted machinery on the tractor.

Examples of mounted and semi-mounted machinery that are in scope of the Machinery Directive are: telescopic booms; digging equipment; post drivers; cutting of agricultural and forestry vehicles.

devices mounted under tractors and equipment for vegetation maintenance. Where the tractor is designed with such items fitted in the production process, whether an integral part of the tractor or not, they are still considered as being “mounted” and so are in scope of the Machinery Directive. Where the “vehicle” is primarily designed for a task such that it does not meet the definition of an agricultural vehicle in Regulation (EU) No 167/2013, such as some models of telescopic material handler, then it is considered a product under the Machinery Directive.

Trailers and interchangeable towed machinery are in the scope of both Tractors Regulation 167/2013 and the Machinery Directive.

The requirements for the safe road circulation of such trailers and towed machinery are harmonised by Regulation (EU) No 167/2013 while the health and safety requirements of such machinery remain subject to the Machinery Directive.