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DECISIONAGRICULTURE
Decision of the Council revising the OECD Standard Codes for the Official Testing of Agricultural and Forestry Tractors
29 March 2005 - C(2005)1
Amended on
7 July 2006 - C(2006)92
29 November 2006 - C(2006)149
7 February 2007 - C(2007)2
27 July 2007 - C(2007)89
29 November 2007 - C(2007)127
16 October 2008 - C(2008)120
16 October 2008 - C(2008)128
Technical Amendment
15 October 2009 - TAD/CA(2009)4 - C(2015)104
15 August 2011 - TAD/CA(2011)2 - C(2015)104
20 May 2012 - TAD/CA(2012)11 - C(2015)104
30 October 2013 - TAD/CA(2013)12 - C(2015)104
15 May 2014 - TAD/CA(2014)8 - C(2015)104
Amended on
31 July 2015 - C(2015)103
Technical Amendment
22 January 2016 - TAD/CA(2015)18
Amended on
18 March 2016 - C(2016)25

THE COUNCIL,

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;

I.   DECIDES:

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Annex    Code 1: [repealed – for the record];

Code 2: repealed and replaced by OECD Standard Code for the Official Testing of Agricultural and Forestry Tractor Performance;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:


APPENDIX 1 TO THE DECISION    

INTRODUCTION TO THE CODES

1.   There is a considerable amount of international trade of agricultural tractors. The purpose of these international Codes is to facilitate trade by enabling either an exporting or an importing country to accept with confidence the results of tests carried out in another country.

2.    The Standard Code for the Official Testing of Agricultural Tractors was established by the Decision of the Council of the Organisation for European Economic Co-operation (OEEC) of 21 April 1959 [C(59)76(Final)].

3.    This Code remained in force pursuant to the Decision of the Council of the Organisation for Economic Co-operation and Development (OECD) of 30 September 1961 [OECD/C(61)5], and it was made public pursuant to a Resolution of the Council of 3 May 1962.

4.   A revised text was established by the Decision of the Council on 25 January 1966 [C(65)137(Final)] and amended by the addition of an optional test for protective structures by the Decision of the Council of 24 January 1967 [C(66)135(Final)]. Further minor amendments were made to these two Decisions, which were repealed and replaced by the Decision of the Council of 11 February 1970 [C(70)9(Final)].

5.   This Decision was also repealed and replaced by the Decision of the Council of 9 October 1973 [C(73)199], amended notably by the addition of a static test for protective structures, on 29 July 1983 [C(83)83(Final)], and a restricted performance code, on 28 December 1984 [C(84)163(Final)].

6.   The 1973 Decision was again repealed and replaced by the Decision of the Council of 24 November 1987 [C(87)53(Final)] which introduced a Code for measuring the noise level inside the protective structure.

7.    The Decision of 18 July 1990 [C(90)79(Final)] introduced two Codes for the testing of structures mounted on narrow-track wheeled tractors. The Decision of 27 November 1992 [C(92)173/FINAL] introduced a Code for testing of structures mounted on tracklaying tractors.

8.   The 1987 Decision was repealed and replaced by the Decision of the Council of 19 April 2000 [C(2000)59/FINAL].

9.   Since then it has been amended by the following Decisions:

C(2001)5/FINAL dated 13 February 2001

C(2001)267/FINAL dated 17 December 2001

C(2002)17/FINAL dated 25 February 2002

C(2003)14/FINAL dated 26 February 2003

C(2003)252/FINAL dated 22 January 2004

10.    The present Codes repeal all previous Decisions and come into force with the present Decision of the Council.

11.    Tests carried out under the OECD Tractor Codes are given official approval provided that the OECD Secretariat is satisfied that the test was carried out in accordance with the procedures laid down in the Code applied. In the case of tests on protective structures, in addition, there are pass/fail criteria which stipulate certain minimum performance levels for the structure tested. Other performance tests carried out under internationally recognised procedures may be reported if the procedures are available in published form and in an official language to the OECD Secretariat such that results will be clearly marked as not submitted for OECD approval.

12.   In order that full benefits, in terms of simplification of the work and reduction in costs, may be derived from these internationally accepted Codes, it is desirable that tests under the Codes be carried out in the tractor's country of origin. This may not always be possible or convenient, for instance, if the producing country does not participate in the OECD Codes. In these cases, the importing country may wish to carry out the tests. For tests under Codes 1 and 2, verification is made with the OECD to ensure that no other country has carried out the relevant tractor tests, hence avoiding unnecessary duplication of effort and cost.

13.   Stations can make whatever tests they wish, but only one OECD approval number will be issued for a given tractor or for a tractor-protective structure combination, unless modification to the tested models make it necessary to retest them within the limits specified in each Code, at that time a new OECD test report is then issued.

14.   Protective structures may be tested according to the dynamic method, the static method or both. Modifications will be handled in the same way as for tractors.

15.    Approval can be extended for modified tractors or tractor variants within the limitations of each Code. The extension may only be requested by the testing station where the original test has been carried out[1]. Tractors which need approval by extension may give rise to the publication of a test report or an extension report, provided that reference to the originating tractor be visible in the test or extension report and that the modifications of the specifications and results, when relevant, be clearly identified. In this case, the reports will receive the same approval number, complemented by an appropriate numerical designation.

16.    The relevance of certain evaluation criteria not included in the OECD Tractor Codes, such as performance on agricultural soil, cannot be questioned. However, these criteria are not quantifiable enough to permit comparable tests between countries. As frequent as such tests may be in some stations they shall form no part of the OECD test reports.


APPENDIX 2 TO THE DECISION    

PROCEDURE FOR THE EXTENSION OF THE CODES TO NON-MEMBERS OF THE OECD

1.    Countries which are not Members of the OECD but which are Members of the United Nations Organization or its Specialised Agencies may submit a written application to the Secretary-General of the OECD if they wish to join the Codes.

If the country intends to carry out tractor testing according to the Codes, the application shall provide detailed information that shall include in particular:

a)   A detailed description of any systems of tractor testing already in existence and the legal basis upon which they rest;

b)   A list of tractors that have been tested in the course of the previous 5 years together with, if possible, copies of any test reports that may have been issued;

c)   Details of national production and trade of agricultural tractors, if any;

d)   Indications as to the availability of qualified testing staff;

e)   A detailed list of testing equipment available, together with technical specifications of such equipment. This list should show the equipment available to complete each compulsory test under at least one of the OECD Tractor Codes and also the equipment that is available to complete any optional tests which may, at any time, be carried out. The applicant country must undertake to update this list at regular intervals by providing information concerning newly acquired testing equipment. The presentation outlined in the Quality Manual amended to the Codes shall be followed. The list will be provided in English or French, both being the official languages of the Organisation.

If the applicant country does not intend to carry out OECD tractor testing, a copy of the national regulations concerning domestic requirements applicable to tractors in use shall be sent to the OECD. The required information may be provided in the language of the applicant country. If this is a language other than English or French, a concise version in English or French will be attached.

2.    The application and documentation will be acknowledged by the OECD Secretariat which will visit the applicant country with a representative of a national Designated Authority and possibly the national Institute under contract with OECD acting as Co-ordinating Centre for the tests (hereafter called the Co-ordinating Centre).

The purpose of the visit will be:

a)   to obtain information about legislative regulations concerning tractors including type approval, use and international trade;

b)   to explain the technical and administrative implications of the rules of the Codes as well as their organisation and co-ordination on an international level;

c)   to ascertain that adequate technical and administrative facilities are available for the operation of the Codes if the country intends to carry out tests.

The financing of the mission will be the responsibility of the applicant country.

3.    Upon admission to the Codes of a country intending to start testing, and in case it did not participate in the mission provided in paragraph 2 above, the Co-ordinating Centre may be invited to visit the testing station(s) in order to assist in setting up the testing site and to report drafting procedures in accordance with the Codes.

4.   The applicant country is authorised, before admission to the Codes, to attend the Annual Meetings of Representatives of the National Designated Authorities as an observer. The applicant country agrees that, upon admission, its representatives will attend the annual meeting. The applicant country agrees that its representatives attending the Annual Meetings will be persons directly responsible for the implementation of the Codes.

5.   The applicant country shall agree to accept the necessary minimum supervision by the OECD, which is essential if the Codes are to maintain their standards. If, in the course of implementation of the Codes by the applicant country, it is considered necessary, the Organisation may be required to send a person or persons responsible for Codes application in that country to a selected OECD country for a period of further instruction and/or to accept further periodical visits from engineers selected by the OECD for that purpose. The timing, duration and financing of such missions will be decided by the OECD in consultation with the Authorities of the applicant country.

6.   Provided the OECD is satisfied with the results of the review specified in paragraph 2, the Committee for Agriculture of the OECD will be asked to recommend that the Council should admit the applicant country to the Codes.

7.   Following the approval by the Council, the Secretary-General of the OECD will notify the applicant country that the application has been approved. The National Designated Authorities in all countries participating in the Codes will also be informed of the acceptance of the country concerned.


APPENDIX 3 TO THE DECISION    

METHOD OF OPERATION

1.    The names and addresses of the national Authorities designated for operating the Codes and any changes in their designation will be circulated by the OECD to all countries participating in the Codes and to all observers.

2.    The operation and development of the Codes shall be reviewed at the Annual Meeting of representatives of the Designated Authorities where Participating Member and non member Countries hold office strictly in alphabetic order. This Annual Meeting shall report on its work and make such proposals as deemed necessary to the Council of the OECD, subject to prior endorsement by the Committee for Agriculture.

3.    The Officers of the Annual Meeting will be a Chairman, two Vice-Chairmen, who will be nominated at the end of the previous session. They shall take up their duties upon official approval of the Summary Record from the previous Annual Meeting.

4.    In order to ensure continuity and efficient co-operation with the Secretariat, except as otherwise provided in the Rules of Procedure of the Organisation, it is desirable that a Chairman-Designate be appointed to fill one of the offices of Vice-Chairman together with the Past-Chairman. Their terms should not exceed two years. The chairmanship should reflect the participation of various regions of the world and alternate between representatives of European Union Member States and other countries.

5.    The chairmanship shall be carried out in one of the two official languages of the Organisation, even if interpretation in a third language is available at the meetings.

6.    The co-ordination of Codes implementation on an international level shall be ensured by the OECD. However, the verification of individual test reports submitted by the participating Members as well as the related tasks may be delegated, by contract, to a national institute of a Member Country which will act as Co-ordinating Centre for the OECD Tests. The costs incurred shall be recovered under the annual contract between the OECD Secretariat and this Institute.

After verification of an individual test report, the Co-ordinating Centre for OECD tests either approves the test report or it provides recommendations on necessary corrections, if the test report does not reach the OECD standards for approval. Upon receipt of these comments and recommendations, the corresponding test station shall send a corrected version of its test report as soon as possible. In the absence of reply or communication in response to these comments and recommendations, after a period of 6 months, the test report shall be left aside and the approval request shall be considered void.

7.    An Advisory Group is made up of the Officers of the Annual Meeting, and the Co-ordinating Centre. The Advisory Group shall assist in the preparation of the next Annual Meeting and, where necessary, propose solutions to the Secretariat to deal with urgent problems which may arise out of Codes implementation. The Advisory Group is convened by the Secretariat at the request of any one of its Members or any country participating in the Codes to provide counsel in writing and invite one or more participating countries to be represented.

8.    The Advisory Group will deal with any questions raised by a National Designated Authority regarding denied approval of a test report. The Advisory Group will take the following steps;

8.1    On the basis of the evidence submitted by the National Designated Authority concerned and the Co-ordinating Centre, the Advisory Group will make an initial decision within a week on whether the issue raised merits further examination and respond to the party or parties raising it. Any member of the Advisory Group who is directly involved or connected with the matter will be exempt from taking part in the initial decision. The Advisory Group may seek assistance from one or two experts;

8.2    Where the issue raised merits further examination, the Advisory Group will offer good offices to help to resolve the issue. For this purpose, the Advisory Group will consult with these parties and, where appropriate, seek advice from relevant authorities, and/or manufacturers, other non-governmental organisations, and legal or technical experts as it sees fit;

8.3   If the parties involved do not reach an agreement on the issues raised within two weeks, the Advisory Group will issue a written statement, make recommendations as appropriate on the interpretation of the Codes and their implementation, and refer the matter to the next Annual Meeting;

8.4    While the procedures under paragraph 2 are underway, confidentiality of the proceedings will be maintained;

8.5   If issues arise in non-adhering countries, the Advisory Group will take steps to develop an understanding of the issues involved and follow these procedures where relevant and practicable.

9.    When a test report is published, it is understood that all specifications of the tractor or protective structure have been inspected as well as possible and that all tests have been made in strict compliance with the Codes.


APPENDIX 4 TO THE DECISION    

QUALITY CONTROL REQUIREMENTS

1.    All OECD Testing Authorities shall carry accreditation giving formal recognition that they are competent to carry out tests in accordance with the Codes.

2.    Accreditation may be authorised by the National Designated Authority to standards set out in the OECD Principles of Good Laboratory Practice as suitably adapted to the Codes or, at the discretion of OECD, to equivalent national or international standards recognised in the country concerned. The ISO 9000 series, ISO 10012-1:1992 in matters of measuring equipment, ISO/IEC 17025:1999 and their derived national or EC versions are examples of such standards.

3.    Each Designated Authority shall be responsible for operating a system of quality control in accordance with the requirements of accreditation concerned with all aspects of policy, management, personnel, training, testing sites, testing equipment, measurement and reporting.

4.   The type of information required for each National Designated Authority to operate a system of quality management is set out in the "OECD Guidelines for a Quality Management System" issued by the OECD Secretariat. Under these guidelines, the National Designated Authority ensures that its test body maintains a "Quality Manual" which documents this information. The "Quality Manual" of each testing Authority shall be retained by the OECD Secretariat. It will be the responsibility of each Authority to notify the Secretariat when changes should result in a revision of the Manual.

5.    The National Designated Authorities have the right to request that denied approval of test report be reviewed. Such reviews shall be dealt with initially by the Advisory Group (see Appendix III).


APPENDIX 5 TO THE DECISION    

LIST OF NATIONAL DESIGNATED AUTHORITIES AND TESTING STATIONS

(please see: www.oecd.org/tad/tractor)


ANNEX    

RULES AND DIRECTIONS

OECD STANDARD CODES FOR THE OFFICIAL TESTING OF AGRICULTURAL AND FORESTRY TRACTORS

(please see: www.oecd.org/tad/tractor)

Code 1:   [Repealed - for the Record]

Code 2:   Testing of tractor performance

Code 3   Dynamic testing of roll-over protective structure

Code 4   Static testing of roll-over protective structure

Code 5   Measurement of noise at the driving position(s)

Code 6   Testing of protective front-mounted structures on narrow-track tractors

Code 7   Testing of protective rear-mounted structures on narrow-track tractors

Code 8   Testing of protective structures on tracklaying tractors

Code 9   Testing of protective structures for telehandlers

Code 10    Testing of Falling Object Protective Structure on Agricultural and Forestry Tractors

Non-Member Adherents [*]   

Czech Republic

  • Adherence date: 2 July 1993

Finland

  • Adherence date: 28 June 1966

India

  • Adherence date: 29 January 1988

Korea

  • Adherence date: 29 December 1995

People’s Republic of China

  • Adherence date: 25 November 1988

Poland

  • Adherence date: 1 March 1994

Russian Federation

  • Adherence date: 13 October 1997

Serbia

  • Adherence date: 22 September 2006
Relevant body:
Committee for Agriculture

[1] When the original test has been carried out by a testing station having cancelled its activity, the situation has to be dealt with in co-ordination with the Secretariat.

[*] The Czech Republic became Member of the Organisation on 21 December 1995. Finland became Member of the Organisation on 28 January 1969. Korea became Member of the Organisation on 12 December 1996. Poland became Member of the Organisation on 22 November 1996.
 
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