HAVING REGARD to Article 5 a) and c) of the Convention on the Organisation for Economic Co-operation and Development of 14 December 1960;
HAVING REGARD to the Decision of the Council of 19 April 2000 [C(2000)59/FINAL], amended on 13 February 2001 [C(2001)5/FINAL], 17 December 2001 [C(2001)267/FINAL], 25 February 2002 [C(2002)17/FINAL], 26 February 2003 [C(2003)14/FINAL], and 22 January 2004 [C(2003)252/FINAL];
On the proposal of the Committee for Agriculture;
1. The OECD Standard Codes for the Official Testing of Agricultural and Forestry Tractors (hereinafter called the “OECD Tractor Codes”) shall be operated in accordance with the provisions of this Decision, and on the basis of the Rules and Directions set out in the Annex (Codes 1 to 10) thereto:
Annex Code 1: [repealed – for the record];
Code 2: repealed and replaced by OECD Standard Code for the Official Testing of Agricultural and Forestry Tractor Performance;
Code 3: OECD Standard Code for the Official Testing of Protective Structures on Agricultural and Forestry Tractors (Dynamic Test);
Code 4: OECD Standard Code for the Official Testing of Protective Structures on Agricultural and Forestry Tractors (Static Test);
Code 5: OECD Standard Code for the Official Measurement of Noise at the Driving Position(s) of Agricultural and Forestry Tractors;
Code 6: OECD Standard Code for the Official Testing of Front-mounted Protective Structures on Narrow-track Wheeled Agricultural and Forestry Tractors;
Code 7: OECD Standard Code for the Official Testing of Rear-mounted Protective Structures on Narrow-track Agricultural and Forestry Tractors;
Code 8: OECD Standard Code for the Official Testing of Protective Structures on Agricultural and Forestry Tracklaying Tractors;
Code 9: OECD Standard Code for the Official Testing of Protective Structures for Telehandlers (Testing of Falling-Object and Roll-Over Protective Structures fitted to self-propelled variable reach all-terrain trucks for agricultural use);
Code 10: OECD Standard Code for the Official Testing of Falling Object Protective Structures on Agricultural and Forestry Tractors.
2. The OECD Tractor Codes shall be:
a) Open to all Member Countries of the Organisation as well as to other States being Member countries of the United Nations Organisation or its Specialised Agencies desiring to participate therein in accordance with the Procedure set out in Appendix 2 to the Decision;
b) Implemented by the Authorities designated for that purpose by, the governments of the States participating in the Codes (hereinafter “Participating Country”). These Authorities are responsible to their government of the operation of the Codes.
3. If a Member country does not wish to apply one or more Codes or does not recognise them for imported tractors, it shall notify the Secretary-General of its decision, who will inform the other participating countries.
4. The official authorities referred to in paragraph 2(b) above are responsible for using the Codes and, as the case may be, carrying out the tests and issuing the test reports giving their results. The National Designated Authority shall certify that the OECD Codes were followed in each test and that the corresponding test report complies with their requirements. The test report shall be verified by the OECD Secretariat prior to its release.
5. A participating State desiring to lodge a complaint concerning non-execution of the aforementioned obligation may lay the matter before the OECD. The complaint shall be examined by the Committee for Agriculture which shall report to the Council.
6. Expenditures required for the functioning of the OECD Tractor Codes shall be defrayed from appropriations under Part II of the Budget of the Organisation. Each country participating in the Codes agrees to the payment to the OECD of an annual contribution which is the sum of the following two elements:
• A basic fee of € 3 000 (Euros);
• An additional fee applied to each participating country (OECD Members and non-members) calculated according to the criteria set out in the Resolution of the Council C(63)155(Final) as amended,
as they may be modified from time to time.
The Secretariat should report any defaulting of payment to the Advisory Group for the Codes which shall take all appropriate measures, including the review of the status of the participating country.
A participating country shall fall into arrears on 1 January of the year following the year of the call for the payment of the annual contribution (basic fee and additional fee) if this contribution remain fully or partly unpaid at that date. In this first year of arrears no documentation shall be sent to the country. In the second year of arrears, test reports sent by the country shall no longer be eligible for approval. In the third year of arrears, the defaulting country shall be notified of a proposal to exclude it from Participation in the Tractor Codes. The decision of exclusion shall be adopted by the Council, on the proposal of the Annual Meeting of the National Designated Authorities and of the Committee for Agriculture, unless the Council decides by consensus not to adopt the decision. The decision of exclusion shall be notified to the country.
Settlement by the country in arrears of the debt in the first or the second year shall reverse all the measures previously taken. Settlement of the debt in the third year and reversal of all the measures previously taken shall be subject to a decision by the Annual Meeting of the National Designated Authorities based on the results of an evaluation mission at the expense of the country in arrears, in accordance with the conditions for the admission procedure for a new country provided for in Appendix II to the Decision. Participants and observers to the OECD Tractor Codes shall be notified of all developments associated with the application of this procedure.
The present procedure shall apply to arrears of the contributions due for 2006 and the successive years. Arrears of contributions due for one or more years before 2006 shall be subject to a separate settlement with the Organisation.
Before engaging any sanction action, the Secretariat shall inform the National Designated Authorities of arrear problems.
7. The following international organisations may be represented by an observer at the meetings of Representatives of National Authorities:
• the European Free Trade Association (EFTA);
• the European Committee for Standardisation (CEN);
• the European Committee of Manufacturers of Agricultural Machinery (CEMA);
• the Economic Commission for Europe of the United Nations (UN/ECE);
• the International Commission of Agricultural Engineering (CIGR);
• the European Confederation of Agriculture (CEA);
• the International Federation of Agricultural Producers (IFAP);
• the Food and Agriculture Organization of the United Nations (FAO);
• the International Organisation for Standardisation (ISO).
8. Other international organisations involved in agricultural mechanisation may be represented by an observer at the meetings of Representatives of National Authorities, in accordance with the rules of the Organisation.
II. INSTRUCTS the Committee for Agriculture to report to the Council, when it considers it appropriate, on the operation of the OECD Tractor Codes, and to submit to the Council, where necessary, proposals for modifying those Codes.
III. AUTHORISES the Committee for Agriculture to decide on any technical amendments to Code 2 - Code 10 of the OECD Standard Codes for the Official Testing of Agricultural and Forestry Tractors. These amendments shall then be transmitted to the Council for information.
IV. The present Decision replaces the Decision of the Council C(2000)59/FINAL which is hereby repealed.
V. Appendices I, II, III, IV and V to the Decision and Annex shall read as follows: