30. 11. 88 Official Journal of the European Communities No C 305/7 
Proposal for a Council Directive amending Directive 87/402/EEC on roll-over protection 
structures mounted in front of the drivers seat on narrow-track wheeled agricultural and 
forestry tractors 
COM(88) 629 final — SYN 164 
(Submitted by the Commission on 18 November 1988) 
(88/C 305/10) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 100A 
thereof, 
Having regard to the proposal from the Commission, 
In cooperation with the European Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas it is necessary to adopt measures which are 
intended gradually to establish the internal market over a 
period expiring on 31 December 1992; whereas the 
internal market consists of an entity without internal 
frontiers within which the free movement of goods, 
persons, services and capital is ensured; 
Whereas Article 12 of Council Directive 87/402/EEC (') 
lays down that the provisions at present in force shall be 
supplemented by provisions introducing additional 
impact tests into the dynamic test procedure; 
Whereas, since provision is already made for an 
additional test in the case of the static test procedure, it 
is necessary also in that of the dynamic test procedure to 
provide for an additional test — which more accurately 
reflects the situation in the event of tractor roll-over — 
in order that these two test procedures may be rendered 
equivalent and the present imbalance between them elim­
inated; 
Whereas, in respect of the reliability of the parameters 
and calculations, the results of the practical experiments 
carried out on rear-mounted structures may be 
transposed to the same type of structure, but mounted 
on the front; 
Whereas Article 11 of Directive 87/402/EEC lays down 
the procedure governing the adaptation to technical 
progress of the Annexes to that Directive; whereas 
however, technical progress makes it necessary promptly 
to adapt the requirements set out in the Annexes to the 
Directive and the technical requirements defined in the 
separate Directives; whereas the Commission should be 
made responsible for the adoption thereof in order to 
simplify and expedite this procedure; whereas, in all 
(')OJ No L 220, 8. 8. 1987, p. 1. cases where the Council empowers the Commission to 
implement rules established in the agricultural or forestry 
tractor sector, it is necessary to provide for a procedure 
or prior consultation, within an Advisory Committee, 
between the Commission and the Member States, 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
Directive 87/402/EEC is hereby amended as follows: 
1. Article 11 is replaced by the following: 
'Article 11 
Any amendments needed in order to adapt the 
Annexes to this Directive to technical progress shall 
be adopted in accordance with the procedure laid 
down in Article 11 (a).' 
2. The following new Article 11 (a) is inserted: 
Article 11 (a) 
Where use is made of the procedure defined in this 
Article the Commission shall reach its decisions after 
consulting the Committee. The Committee shall 
consider the requests for opinions drawn up by the 
Commission. When requesting an opinion from the 
Committee the Commission may set a deadline within 
which that opinion must be delivered. The activities of 
the Committee shall not be followed by a vote. 
However, each member of the Committee may 
require that his opinion be entered in the minutes.' 
3. Annex IV-A is amended as set out in the Annex 
hereto. 
Article 2 
Member States shall adopt the measures necessary to 
comply with this Directive before 1 October 1989, and 
shall forthwith inform the Commission thereof. 
Article 3 
This Directive is addressed to the Member States. 
c^oC^O^ C^ffic^l]ourn^ofrn^ELiro^^nCorrirn^n^n^ ^0 M ^ 
Item 16of Annex IV^ishereb^ replaced b^ the following 
16 Add^no^ rests 
161 If cracks or tears whichcannot be considered neghgibleappeardunngan impact test,a 
second, similar test, but withaheight of fall of 
shall be performed immediately after the impact tests causing these tears or cracks 
to appear, ^a^ being the ratio of thepermanent deformation to the elastic deformation 
r^a^ OBIO^as measured at the point of impact 
The additional permanent deformation due to the second impact must not exceed 30 ^Bo of 
the permanent deformation due to the first impact 
Inordertobeable tocarr^outtheadditional test, itisnecessar^tomeasure theelastic 
deformation during all of the impact tests 
162 If, dunngacrushing test, sigmficantcracks or tears appear, asecond, similar, crushing 
test,butwithaforceeo.ualto l,2^,shallbeperformedimmediatel^after the crushing 
test which caused these tears or cracks to appears