THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to 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 ( 1 ), as last amended by Directive 97/54/EC of the European Parliament and of the Council ( 2 ), and in particular Article 13 thereof,

Having regard to Council Directive 74/152/EEC of 4 March 1974 on the approximation of the laws of the Member States relating to the maximum design speed and load platforms of wheeled agricultural forestry tractors ( 3 ), as last amended by Directive 97/54/EC, and in particular Article 5 thereof,

Whereas, in view of the increase in maximum design speed to 40 km/h and of developments in the state of the art, it is now appropriate to adapt the requirement concerning the tolerance in speed measurement referred to in point 1.5 of the Annex to Directive 74/152/EEC;

Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee on adaptation to technical progress introduced by Directive 74/150/EEC,

HAS ADOPTED THIS DIRECTIVE:

— refuse, in respect of a type of tractor, to grant EC type approval, to issue the document referred to in Article 10(1), final indent of Directive 74/150/EEC, or to grant national type approval, or

— prohibit the entry into service of tractors,

— may no longer issue the document referred to in Article 10(1), final indent, of Directive 74/150/EEC for a type of tractor if this does not meet the requirements of Directive 74/152/EEC, as amended by this Directive,

— may refuse to grant national type approval in respect of a type of tractor if this does not meet the requirements of Directive 74/152/EEC as amended by this Directive.