Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister of Agriculture and Fisheries,
Having regard to Directive No. 2003/37/EC of the European Parliament and of the Council of 26 May 2003 concerning the type reception of agricultural or forestry tractors, their trailers and their interchangeable gear, as well as the systems, components and technical entities of these vehicles, and repealing Directive 74/150/EEC;
Considering the Labour Code, including articles L. 233-5, L. 611-16 and R. 233-83;
Having regard to Act No. 2000-321 of 12 April 2000 on the Rights of Citizens in Their Relations with Government;
Having regard to amended Decree No. 97-34 of 15 January 1997 on the deconcentration of individual administrative decisions;
Having regard to Decree No. 97-1202 of 19 December 1997 for the application to the Minister of Agriculture and Fisheries of amended Decree No. 97-34 of 15 January 1997 on the deconcentration of individual administrative decisions;
Having regard to Decree No. 2005-662 of 9 June 2005 on the powers of the Minister of Agriculture and Fisheries;
Having regard to the advice of the Higher Council for the Prevention of Occupational Risk (Continuing Commission) of 3 December 2004;
Considering the opinion of the National Commission for Hygiene and Safety of Work in Agriculture of 13 September 2004;
After consultation with professional organizations of employers and interested employees;
The State Council (Social Section) heard;
The Council of Ministers heard,
Decrete:
I. - The second part of Article R. 233-83 of the Labour Code is replaced by the following provisions:
« 2° Agricultural or forestry tractors, as well as their technical entities, systems and components, excluding those specially designed and built for the armed forces, civil protection, fire-fighting services or law enforcement services. »
II. - These work equipment are defined in Appendix I to this Order.
The technical rules applicable to the work equipment listed in 2° of Article R. 233-83 of the Labour Code, nine within the meaning of Article R. 233-49-3 of the same Code, are defined in Appendix II to this Order.
Can not be the subject of any of the operations provided for in Article L. 233-5 and Article L. 233-5-1 of the Labour Code that agricultural or forestry tractors, nine within the meaning of Article R. 233-49-3 of the same Code, who have complied with the CE Receipt Procedure provided for in Articles 4 to 7 of this Decree or, if not, the national registration procedure 10.
Can not be subject to any of the operations provided for in Part II of Article L. 233-5 and Article II of Article L. 233-5-1 of the Labour Code that the technical entities, systems or components of these tractors, new within the meaning of Article R. 233-49-3 of the same Code, which have satisfied the CE acceptance procedure provided for in Articles 4 to 7.
Technical services must meet the harmonized European standards for the operation of test laboratories. In particular, the remuneration of officers may not be related to the number of controls or the results of such controls.
Agents of these services and organizations are required not to disclose the manufacturing secrets and operating processes they may be aware of during the examination of agricultural or forestry tractors, technical entities, systems and components and records, except with respect to the Minister responsible for agriculture.
These services and organizations are committed to allowing persons designated by the Minister to access their premises and to verify that they continue to meet the conditions mentioned in the preceding paragraphs.
In the event of a breach of the obligations set out in section 15, the authorization or approval shall be withdrawn by order taken by the Minister responsible for agriculture after the advice of the National Commission for Hygiene and Safety of Work in Agriculture, the person responsible for the service or the agency in question having been invited to submit his comments.
Agricultural or forestry tractors, used within the meaning of Article R. 233-49-4 of the Labour Code, shall comply with the technical requirements of Section 3 of Chapter III of Title III of Book II of this Code at an exhibition, sale, sale, rental, disposal or disposal in any capacity, or use.
However, agricultural or forestry tractors in compliance with the technical rules referred to in Annex II to this Order remain subject to these same rules.
Used agricultural or forestry tractors that comply with the requirements of the first paragraph shall be considered to meet the technical requirements of the first paragraph when they are in service in the new state to a type regularly approved under the previous regulations or a type with a CE reception.
During the operations referred to in the first paragraph, the technical entities, systems and used components whose potential failure could jeopardize the health and safety of persons, in accordance with their in-service condition at a type with CE reception, must keep the characteristics that they had in the new state and be accompanied, if any, of any necessary restrictions and instructions for use and assembly.
The working equipment listed in 2° of Article R. 233-83 of the Labour Code, used in the sense of Article R. 233-49-4 of the same Code, shall be subject to the conformity certification procedure defined in Article R. 233-77 of that Code.
If they meet the obligations set out in I of Article L. 233-5 of the Labour Code and are in accordance with the regulations of the corresponding used equipment in force in the Member State of the European Union, such equipment may be subject to the operations referred to in II of the same article. In this case, the certificate of conformity provided for in Article R. 233-77 must specify in a precise manner the references of the regulations applied in the State of origin. Where applicable, the equipment shall be put by the employer in accordance with the requirements of Chapter III, section 3, of Book II of the Labour Code for its use.
Once it is placed on the market, an agricultural or forestry tractor can only be put into service if it conforms to the model for which the CE reception or national registration has been issued.
I. - In the case of a reversal or cabling protection structure consisting of a folding arc, the reduction of the protective device shall be used only for the required operations and measures shall then be taken to prevent the risk of reversal or cabling of the tractor, such as the limitation of its use, speed or development of traffic and work areas.
II. - Where a means of protection that may affect the health and safety of persons is deteriorated for any reason, including the occurrence of the risk against which they are intended, any element that has suffered damage shall be replaced by a new element ensuring the same level of protection.
Sub-section 8 of section 6 of chapter III of title III of Book II of the Labour Code (Part Two: Decrees in the Council of State) is supplemented by Article R. 233-79-2 as follows:
"Art. R. 233-79-2. - The provisions of this subsection do not apply to agricultural or forestry tractors, their technical entities, their systems or components for which the safeguard procedure is regulated in particular terms. »
At the motivated request of a competent authority of a Member State of the European Union, or on its own initiative, where the Minister responsible for agriculture has information that allows to establish that agricultural or forestry tractors, technical entities, systems or components accompanied by a certificate of conformity or bearing a CE reception mark are not in accordance with the type received, it may request the person responsible for placing a number of copies on the market. The applicant shall forthwith forward the application to the approved technical service referred to in section 6 of this Order, which shall conduct the verification of the copy(s) submitted by the applicant in such a manner that the verification report shall be submitted to the Minister and the Contractor within three months of the date of the Minister's request. The audit costs are borne by the marketing manager.
In the event that the completion of the verification procedure is not carried out within the specified time limits as a result of the market leader, the procedure provided for in Article 24 may be implemented.
There is a non-compliance with the type with a CE reception or national approval when it is found, either in relation to the CE Receipt Sheet or the CE Receipt File, or in relation to the national registration decision or the national registration record, differences that have not been authorized by the competent authorities.
If an agricultural or forestry tractor, a technical entity, a system, a component accompanied by a certificate of conformity or bearing a CE reception mark or national registration mark is not in accordance with the type that has benefited from the CE reception or national registration, the Minister for Agriculture shall take the necessary measures, in connection with the competent authorities of the other member States of the European Union concerned, to ensure that the exemplary systems of tractors become compliant These measures may go to the withdrawal of the CE reception or national registration.
In this context, the market leader makes every provision to inform users.
In the event of a serious risk to the safety of persons, exposure, sale, sale, leasing, importation, provision or disposal in any capacity, the commissioning and use of one or more agricultural or forestry tractors, technical entities, systems or components that present this risk may be prohibited for a maximum period of six months, even if accompanied by a valid certificate of conformity. In the event of an emergency, the above prohibition may be taken without the prior consultations provided for in articles R. 231-14 and R. 231-25 of the Labour Code.
Beyond this period and, in the case where the equipment concerned receives a CE reception, after the European Commission finds that the measure is justified, the prohibition referred to in the first paragraph may be extended or made final after consultation with the bodies mentioned in these same articles.
The decisions mentioned in the preceding paragraphs are taken by joint orders of ministers responsible for agriculture, labour, industry, customs and consumption.
Where, pursuant to Article L. 233-5-2 of the Labour Code, the inspector or labour controller requests that an agricultural or forestry tractor, a technical entity, a system or component be checked against the regulations applicable to him, the verification shall be carried out by the approved technical service referred to in Article 6 or section 9 of this Order.
The Chief of Institution warrants that he has entered the approved technical service within fifteen days of the verification request. It shall transmit to the inspector or labour controller the results of the audit, recorded in a report prepared by the organization, within 10 days after the receipt of that report.
A copy of this report is sent simultaneously by the head of establishment to the prevention service of the agricultural social mutuality fund.
The inspector or labour controller may request that agricultural or forestry tractors, technical entities, used systems or components being the subject of one of the operations referred to in Part II of Article L. 233-5 of the Labour Code be subject to compliance verification with the regulations applicable to them. The verification is carried out by the approved technical service referred to in Article 6 or Article 9 of this Order.
The person responsible for the operation referred to in Article L. 233-5 in Part II warrants that he has entered the approved body within fifteen days of the request for verification. It shall transmit to the inspector or labour controller the results of the audit, recorded in a report prepared by the organization, within 10 days after the receipt of that report.
The section "Social Policy and Employment" in the table in section 2 of heading II of the annex to Decree No. 97-1202 of 19 December 1997 is thus supplemented:
You can see the table in the OJ
n° 229 of 01/10/2005 text number 24
Decree No. 80-1091 of 24 December 1980 establishing the conditions for hygiene and safety to be met by wheeled agricultural and forestry tractors is repealed.
New agricultural or forestry tractors of categories T1, T2 or T3 referred to in Annex I of a type that are granted approval in accordance with the regulations prior to the publication of this Order and which are subject to the CE Receipt Procedure may be marketed in a new state until 1 July 2009.
New agricultural or forestry tractors of the other categories granted national type approval granted in accordance with the regulations prior to the publication of this decree and which are subject to the CE reception procedure may be placed on the market in the new state up to a date fixed by the order provided for in Article 4.
New agricultural or forestry tractors belonging to a type that are granted approval in accordance with the regulations prior to the publication of this decree and which are subject to the national registration procedure may be placed on the market in the new state up to a date fixed by the order provided for in Article 8.
The national registration provided for in Article 8 of this Decree shall take effect on 1 July 2007. However, the corresponding decisions may be granted as soon as the official Journal of the French Republic of the decree provided for in the same article, setting for the categories of agricultural or forestry tractors concerned the technical criteria for evaluating compliance provided for in this article.
The provisions of this decree may be amended by decree in the Council of State except those contained in Article 28 which shall be amended under the conditions provided for in Article 2 of the decree of 15 January 1997 referred to above.
The Prime Minister, the Minister of Employment, Social Cohesion and Housing, the Minister of Economy, Finance and Industry, the Minister of Agriculture and Fisheries and the Minister Delegate for Budget and State Reform, spokesperson for the Government, are responsible, each with respect to it, for the implementation of this Order, which will be published in the Official Journal of the French Republic.
A N N E X E I
WORKING EQUIPMENT MENTIONED TO 2°
DE L'ARTICLE R. 233-83
Definitions
1. An agricultural or forestry tractor is a motor vehicle, with wheels or caterpillars, having at least two axles and a maximum speed by construction equal to or greater than 6 km/h, whose function resides primarily in its traction power and which is specially designed to pull, push, carry or operate certain interchangeable equipment for agricultural or forestry purposes, or towing agricultural or forestry trailers, and which belongs to one
- category T1: wheeled tractor with a maximum speed per construction not exceeding 40 km/h, the minimum track of the nearest axle to the driver is equal to or greater than 1,150 mm, the unladen mass in order of operation greater than 600 kg, and the ground guard less than or equal to 1000 mm;
- category T2: wheeled tractor with a maximum speed per construction not exceeding 40 km/h, whose minimum track is less than 1,150 mm, the unladen mass in a power order greater than 600 kg, and the ground guard less than or equal to 600 mm. However, where the height of the centre of gravity of the tractor (measured to the ground), divided by the mean of the minimum lanes of each axle is greater than 0.90, the maximum speed per construction is limited to 30 km/h;
- category T3: wheel tractor with maximum speed per construction not exceeding 40 km/h of a vacuum mass in order of walking less than or equal to 600 kg;
- T4 category: special wheel tractor with maximum speed per construction not exceeding 40 km/h and which belongs to one of the following subcategories:
T4.1 Suffering tractor:
Tractor designed to work high crops online, such as vine. It is characterized by a chassis or a part of a raised chassis, so that it can circulate parallel to the lines of culture with the right and left wheels on either side of one or more lines. It is designed to carry or animate tools that can be fixed at the front, between axles, at the rear or on a platform. When the tractor is in the working position, the ground clearance measured in the vertical plane of the crop lines is greater than 1,000 mm. When the height of the centre of gravity of the tractor (measured to the ground and using normal mounting tires), divided by the average of the minimum lanes of the axles, is greater than 0.90, the maximum speed per construction shall not exceed 30 km/h.
T4.2. Large width tractor:
Tractor characterised by its important dimension, especially intended to work in large agricultural areas.
T4.3 Low-guard tractor on the ground:
Four-wheel-drive agricultural or forestry tractor, whose interchangeable equipment is intended for agricultural or forestry use, characterized by a carrying chassis, equipped with one or more strength sockets, and with a technically permissible mass not exceeding 10 tonnes, the ratio between this mass and the maximum unladen mass in order of march is less than 2.5. In addition, the centre of gravity of this tractor, measured against the ground and using normal mounting tires, is less than 850 mm.
- category T5: maximum speed wheel tractor per construction greater than 40 km/h.
- Category C: caterpillar tractor:
A caterpillar tractor whose movement and direction are provided by caterpillars and whose subcategories are defined by analogy to categories T1 to T5.
An agricultural or forestry tractor can be fitted to carry a load in an agricultural or forestry context and can be equipped with conveyor seats.
2. A technical entity is a device to which the technical rules of Schedule II apply, which may be received separately but only in connection with one or more specific types of agricultural or forestry tractors.
3. A system is a set of devices to which the technical rules of Schedule II apply and the combination of which enables a specific function to be performed in a new agricultural or forestry tractor.
4. A component is a device to which the technical rules of Appendix II apply, intended to be part of a new agricultural or forestry tractor and which can be received separately.
A N N E X E I
GENERAL TECHNICAL REGULATIONS ON WORKING EQUIPMENT MENTIONED TO 2° OF ARTICLE R. 233-83 OF THE CODE OF THE WORK, SUBSTANCE WITH THE ARTICLE R. 233-49-3 OF THE CODE
Agricultural or forestry tractors, technical entities, systems or components shall meet the following technical rules:
I. Protection in case of overthrow:
Any tractor shall be designed, constructed or equipped with a protective device, so that in the event of a reversal, a free space remains large enough to protect the driver. The above provision is not applicable to tractors in category T3. Agricultural or forestry tractors belonging to categories T2 and T4.1 must also meet non-continuous stability and bearing requirements.
II. - Driver ' s seat:
The device intended for the driver in a seated position when the tractor is driven shall be designed to ensure the protection of occupational health and safety, including by amortizing the vibrations transmitted.
III. - Sound level:
Any tractor shall be designed, constructed or equipped so that the sound level measured at the driving station is compatible with health, taking into account the state of the technology.
IV. - Manoeuvre space and access to the driving station:
The driver must have a space designed to enable him to perform any manoeuvre of the safe tractor from his seat. Access to the driving station must be easy and secure. Emergency doors, windows and exits shall be designed and arranged to ensure driver safety.
V. - Forced:
The force catches to which the cardans transmission shafts are connected shall be protected by a shield attached to the tractor or by any other element ensuring equivalent protection. They shall be designed, arranged and protected so as to allow easy and secure coupling.
VI. - Installation, location, operation and identification of controls:
The controls shall be chosen, designed, constructed, installed and identified so as not to pose a danger to the operator who must be able to operate them easily and safely for him and for third parties.
VII. - Protection of motor elements:
Engine elements, parts and wheels shall be designed, mounted and protected to avoid any risk of accident or injury.
VIII. - Mechanical towing connections:
The towing devices for the mechanical connection between tractors and towed vehicles shall be designed and installed to ensure an easy and secure coupling.
IX. - Brake:
Any tractor subject to the national registration procedure defined in Article 8 of this Decree shall be equipped with devices for effective braking.
X. - Instructions:
Any tractor subject to the national registration procedure defined in Article 8 of this Order must be accompanied by a notice giving instructions in particular to ensure that the commissioning, use, handling, installation, assembly, dismantling, adjustment, maintenance can be carried out safely. The notice also indicates the intended terms and conditions of use.
Section 1
Reception CE
4
I. - The procedure for "EC reception" of agricultural or forestry tractors referred to in 2° of Article R. 233-83 of the Labour Code, which may also be referred to as "EC reception by type", is the procedure by which an administrative service or an agency authorized to this effect by the Minister responsible for agriculture finds and certifies, after examination and, where applicable, after testing, that a type of tractors satisfied with agricultural or
At the end of the procedure, the administrative department or the authorized agency shall issue a CE Receipt Form. It also ensures the existence of measures and an organization to ensure effective control so that the agricultural or forestry tractors involved, once in production, conform to the type received. After issuance of the CE Receipt Sheet, it can verify at any time the conformity control methods applied during production.
The procedure may include several steps during which partial receipt forms may be issued under the corresponding technical rules.
II. - The CE reception of technical entities, systems or components referred to in 2° of Article R. 233-83 of the Labour Code, which may also be referred to as "EC approval by type", is the procedure by which an organization authorized for this purpose by the Minister responsible for agriculture finds and certifies, after examination and, if any, tests, that a type of technical entities, systems or components meets the technical rules set out in Annex II.
At the end of the procedure, the organization delivers CE receipt forms under the corresponding technical rules. It also ensures the existence of measures and an organization designed to ensure effective control so that the technical entities, systems or components involved, once in production, conform to the type received. After issuance of the CE Receipt Sheet, it can verify at any time the conformity control methods applied during production.
Technical entities may be received separately but only in connection with one or more specific types of tractors. A component can be received independently of the tractor.
III. - The CE receptions granted by the competent authorities of a Member State of the European Union produce the same effects as the EC receptions granted under paragraphs I and II above.
IV. - An order of the Minister for Agriculture determines the categories of agricultural or forestry tractors and their technical entities, systems and components referred to in Article 1, new within the meaning of Article R. 233-49-3 of the Labour Code, which are subject to the CE Reception Procedure.
This Order sets out for each technical rule referred to in Appendix II to this Order, items I to VIII, the conformity assessment criteria by reference to the relevant European directives and specifies the definitions of types, variants and versions of agricultural or forestry tractors as well as the different phases of the CE Reception Process. It defines the terms and conditions for conformity of production under I and II above.
5
In the CE Receiving Procedure, the Minister for Agriculture may, upon request of the manufacturer and by reason of decision, derogate from the application of one or more of the applicable technical rules if the application concerns agricultural or forestry tractors produced in small series or at the end of series or if it is tractors, technical entities, systems or components incompatible with these technical rules.
These derogatory procedures are defined by order of the Minister for Agriculture.
6
Requests for a CE reception of a type of agricultural or forestry tractors or of a type of technical entities, systems or components referred to in Appendix I to this Order are addressed to the administrative department or authorized body.
Each application is accompanied by a builder file that contains all the information necessary to assess the conformity of the type of agricultural or forestry tractors, technical entities, systems, or components to the applicable technical rules and all information relating to the conformity of production control, including reports of examinations and tests carried out by an approved technical service.
The tests and tests carried out by the technical services approved by other EU Member States produce the same effects. Similarly, test bulletins issued in accordance with the provisions of the standard codes of the Organisation for Economic Co-operation and Development may be recognized as equivalent to the test reports issued by the technical service referred to above, under conditions fixed by an order of the Minister for Agriculture.
The content of the manufacturer file that necessarily accompanies each application is fixed by the order provided for in Article 4 of this decree.
7
The CE Receipt Sheets are notified to the applicant by registered letter with a request for a notice of receipt within two months from the date of filing the complete file.
The decision to reject the request for a CE Receipt Sheet must be motivated and notified to the interested manufacturer, the competent authorities in the field of EC Receipt of other EU Member States and the European Commission.
In the event of rejection of the application or refusal to issue a CE Receipt Sheet, the applicant may appeal to the Minister responsible for agriculture within one month of receipt of the decision. The Minister shall decide on the appeal after the advice of the National Labour Hygiene and Safety Commission in Agriculture. The silence held for more than four months by the minister is a decision to reject.
Section 2
National approval
8
I. - The national registration by type, applicable to agricultural or forestry tractors belonging to a class not mentioned in the order provided for in section 4 of this decree, is the procedure by which the Minister for Agriculture finds and certifies, after examination and if necessary, that a type of agricultural or forestry tractors meets the technical rules of Schedule II to this decree.
The Minister for Agriculture issues, following this procedure, a national registration decision by type. It may delegate to an administrative department or agency that it has authorized for this purpose the review of applications for registration and the issuance of the relevant decisions.
II. - The individual national registration, applicable to agricultural or forestry tractors which, regardless of the class to which they belong, are placed on the market individually or are amended individually when placing them on the market in a new state, is the procedure by which an administrative department or an authorized body finds, after examination and if any tests, and certifies that this agricultural or forestry tractor complies with the technical rules of Schedule II.
This administrative department or agency shall issue, at the end of this procedure, a national registration decision on an individual basis.
III. - As appropriate, a Minister of Agriculture Order sets out for each technical rule referred to in Appendix II to this Order the conformity assessment criteria taken into account in the two above-mentioned registration procedures and specifies the definitions of the types, variants and versions of agricultural or forestry tractors and the different phases of the national registration process.
9
Applications for national registration by type or individually of agricultural or forestry tractors are addressed to the Minister responsible for agriculture or the administrative department or to the authorized agency.
Each application is accompanied by a builder file that contains all the information necessary to assess the conformity of agricultural or forestry tractors with the applicable technical rules, including reports of examinations and tests carried out by an approved technical service.
Test bulletins issued in accordance with the provisions of the standard codes of the Organisation for Economic Co-operation and Development may be recognized as equivalent to the test reports issued by the above-mentioned technical service under conditions established by the Minister for Agriculture.
The content of the manufacturer file that necessarily accompanies each application is fixed by order of the Minister responsible for agriculture.
10
National registration decisions by type or individual are notified to the applicant by registered letter with a request for notice of receipt within two months of the date of filing of the complete file. The absence of notification within this period is a rejection of the application.
If a request for national registration is rejected by type, the applicant may appeal to the Minister for Agriculture within one month of receipt of the decision. The Minister shall decide on the appeal after the advice of the National Labour Hygiene and Safety Commission in Agriculture. The silence held for more than four months by the minister is a decision to reject.
Section 3
Amendments
11
Any modification to an agricultural or forestry tractor, to a technical entity, to a new system or component as described in the manufacturer file that has been provided in support of a CE Receipt application is brought to the attention of the applicant's authority. If the amendment is of the opinion that the amendment is important enough to warrant a new conformity assessment of the type, the amendment shall inform the person responsible for the amendment. If the amendment is intended to maintain the amendment, it must file a new application for a CE Receipt or, where applicable, if the amendment relates to individual copies, an individual application for national registration.
The modifications made to the CE receptions issued by a competent authority of a Member State of the European Union and which were accepted by the same authority shall have the same effect as the modifications accepted under the conditions laid down in the first paragraph.
Any modification to a new agricultural or forestry tractor, as described in the file that has been provided in support of a national registration application by type or individually, is brought to the attention of the applicant's authority. If the amendment is of the opinion that the amendment is important enough to warrant a new conformity assessment of the type, the amendment shall inform the person responsible for the amendment. If the latter intends to maintain the amendment, it shall file a new application for national registration by type or, where applicable, an individual application for national registration.
Section 4
Certificate and conformity marking
12
I. - The manufacturer, the importer or the person responsible for placing on the market a new copy, or considered as nine within the meaning of Article R. 233-49-3 of the Labour Code, a complete agricultural or forestry tractor, belonging to a class referred to in the order set out in Article 4 of this Order, shall establish a certificate of conformity by which it certifies that this copy meets all the technical rules of I to VIII.
However, a certificate of conformity may, under the conditions established by an order of the Minister in charge of agriculture, accompany an incomplete agricultural or forestry tractor within the meaning of Article 2 of Directive No. 2003/37/EC of the European Parliament and of the Council of 26 May 2003.
II. - The manufacturer, importer or person responsible for placing on the market a new copy or considered to be nine of an agricultural or forestry tractor that has been approved nationally by type or in an individual capacity shall establish a certificate of conformity by which it certifies that this copy meets all the technical rules of Appendix II to this Order and the national registration procedure that apply to it.
III. - The certificate of conformity shall be submitted at the time of importation and handed over to the lessee at the time of sale, lease, assignment or provision in any capacity of a new copy or considered to be nine of agricultural or forestry tractor by the manufacturer, importer or market leader.
13
I. - It may not be affixed with a marking of conformity on a copy of a complete agricultural or forestry tractor, belonging to a category referred to in Article 4 of this decree only if the latter complies with all the technical rules of I to VIII of Schedule II to this decree and the procedure for the CE reception applicable to it.
The trademark or trade mark, the indication of the type and, where the applicable European directive provides, the number or the CE reception mark shall be affixed to each copy of technical entity, system and component, new or considered to be new, conforming to the type having been the subject of a CE reception. Any restrictions of use and installation conditions are detailed information.
II. - A conformity marking shall be affixed in a separate, legible and indelible manner on each copy of agricultural or forestry tractor conforming to the type approved by type. It is accompanied by references to the manufacturer's name, type and tractor identification number.
The marking shall be affixed by the manufacturer, or the importer, or the market leader, who certifies as well as the said copy of agricultural or forestry tractor conforms to the technical rules of Annex II to this Order and complies with the national registration procedure by type.
14
The models of the certificates of conformity referred to in section 12, the location and model of the conformity markings referred to in section 13 are fixed by order of the Minister for Agriculture.
15
Prerequisitely to the exhibition, the sale, sale, import, lease, disposition or disposal of a new copy of agricultural or forestry tractor, technical entity, system or component, the person responsible for the operation shall ensure the conformity of the specimen placed on the market with the type of agricultural or forestry tractors, systems, approvals or components of a national entity.
Section 5
Empowerment and approval of administrative and agency services
16
I. - Regardless of the administrative services of the designated State, the authorization of the services and bodies referred to in Articles 4 and 8 of this Decree and the approval of the technical services referred to in Articles 6 and 9 shall be granted by decrees of the Minister responsible for agriculture, according to the guarantees of independence and competence presented by these services, the experience gained and the provision of the means necessary for the execution of the tasks for which they are authorized.
The civil liability of those services and organizations that do not have the nature of a state administrative service must be ensured.
Done in Paris, 30 September 2005.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Dominique de Villepin
Minister of Agriculture and Fisheries,
Dominic Bussereau
The Minister of Employment,
social cohesion and housing,
Jean-Louis Borloo
Minister of Economy,
finance and industry,
Thierry Breton
Minister for Budget
and the reform of the state,
Government spokesperson,
Jean-François Copé
