Council Directive of 26 May 1986 on the approximation of the laws of the Member States relating to the power take-offs of tractors and their protection (86/297/EEC)

• Published date: 08 July 1986
• Subject Matter: Technical barriers,Approximation of laws,Internal market - Principles
• Official Gazette Publication: Official Journal of the European Communities, L 186, 8 July 1986

1986L0297 — EN — 29.10.2012 — 003.001

---

This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

►B ▼M2 COUNCIL DIRECTIVE of 26 May 1986 on the approximation of the laws of the Member States relating to the power take-offs of tractors and their protection (86/297/EEC) ▼B (OJ L 186, 8.7.1986, p.19)

Amended by:

		Official Journal
		No	page	date
M1	DIRECTIVE 97/54/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 September 1997	L 277	24	10.10.1997
►M2	COMMISSION DIRECTIVE 2010/62/EU Text with EEA relevance of 8 September 2010	L 238	7	9.9.2010
►M3	COMMISSION DIRECTIVE 2012/24/EU Text with EEA relevance of 8 October 2012	L 274	24	9.10.2012

---

▼B

▼M2

COUNCIL DIRECTIVE

of 26 May 1986

on the approximation of the laws of the Member States relating to the power take-offs of tractors and their protection

(86/297/EEC)

▼B

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,

Having regard to the proposal from the Commission ( 1 ),

Having regard to the opinion of the European Parliament ( 2 ),

Having regard to the opinion of the Economic and Social Committee ( 3 ),

Whereas the technical requirements with which wheeled agricultural or forestry tractors must comply pursuant to national laws relate, inter alia, to the power take-off and its protection;

Whereas those requirements differ from one Member State to another; whereas it is therefore necessary that all Member States adopt the same requirements, either in addition to, or in place of, their existing rules, in particular in order to allow the EEC type-approval procedure which was the subject of Council Directive 74/150/EEC of 4 March 1974 on the approximation of the laws of the Member States relating to the type-approval of wheeled agricultural or forestry tractors ( 4 ), as last amended by the Act of Accession of Spain and Portugal, to be applied in respect of each tractor type;

Whereas the Council Resolution of 29 June 1978 concerning an action programme of the European Communities on safety and health at work ( 5 ) provides for the application of the principles of accident prevention in the design and creation of plant and machinery, including the agricultural sector; whereas the provisions concerning power take-offs and their protection constitute safety factors;

Whereas the approximation of the national laws relating to wheeled agricultural or forestry tractors entails reciprocal recognition by Member States of the checks carried out by each of them on the basis of common requirements,

HAS ADOPTED THIS DIRECTIVE:

▼M2

Article 1

1. For the purposes of this Directive, ‘tractor’ means a tractor as defined in Article 2(j) of Directive 2003/37/EC of the European Parliament and of the Council ( 6 ).

2. For the purposes of this Directive, the tractor categories defined in Annex II to Directive 2003/37/EC shall apply.

▼B

Article 2

No Member State may refuse to grant EEC type-approval or national type-approval in respect of a tractor, or refuse or prohibit its sale, registration, entry into service or use, on grounds relating to the power take-off and its protection if the latter satisfy the requirements set out in Annex I.

Article 3

This Directive shall not affect the right of Member States to specify, with due observance of the Treaty, the requirements they deem necessary to ensure that workers are protected when using the tractors in question, provided this does not mean that the power take-off and its protection are modified in a way unspecified in this Directive.

Article 4

Any amendments necessary to adapt the requirements of Annex I and the model Annex to the EEC type-approval certificate shown in Annex II to technical progress shall be adopted in accordance with the procedure laid down in Article 13 of Directive 74/150/EEC.

Article 5

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive within 18 months of its adoption. They shall forthwith inform the Commission thereof. However, the requirements of section 5.2 of Annex I shall not apply until 1 October 1995.

2. Member States shall ensure that the text of the main provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.

Article 6

This Directive is addressed to the Member States.

▼M2

---

ANNEX I

General provisions and requirements for power take-offs

1. Definition and scope

1.1. ‘Power take-off’ (PTO) means an external shaft of the tractor to provide rotational power to implements.

1.2. The provisions of this Directive apply only to power take-offs as defined in point 1.1 and located at the rear or the front of the tractor.

2. Application for EC type-approval

2.1. The application for the type approval of a tractor type as regards the power take-off and its protection must be submitted by the tractor manufacturer or his authorised representative, using the information document, the model of which appears in Annex II, Part 1.

2.2. It must be accompanied by drawings, in triplicate, on an appropriate and suitably detailed scale, of those parts of the tractor subject to the requirements of this Directive.

2.3. A tractor representative of the type submitted for approval or those part(s) of the tractor considered essential for the execution of the tests required by this Directive must be

...