No C 324/14 Official Journal of the European Communities 17. 12. 88 
— equipment necessary for archaeologists, paleontologists, geographers and zoologists; 
— equipment necessary for entertainers, theatre companies and orchestras, including all articles 
used for public or private performances (musical instruments, costumes, scenery, animals, etc.); 
— equipment necessary for lecturers to illustrate their lectures; 
— paintings and works of art accompanying their creators. 
B. — Vehicles owned by manufacturers of motor vehicles, aircraft, ships or boats which are imported 
for the purpose of tests or trials, including any equipment necessary for that purpose; 
— breakdown vehicles. 
C. Farming equipment. 
D. Commercial samples. 
E. Other professional equipment (e.g. equipment for the erection, testing, commissioning, control, 
maintenance, repair etc. of machinery, and the construction, repair or maintenance of buildings; 
tools necessary in order to provide a service and spare parts which are normal equipment for 
persons required to carry out repairs or maintenance). 
Proposal for a Council Directive (EEC) amending Directive 77/536/EC on the approximation 
of the laws of the Member States relating to the roll-over protection structures of wheeled 
agricultural or forestry tractors 
COM(88) 640 final — SYN 167 
(Submitted by the Commission on 23 November 1988) 
(88/C 324/12) 
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 for the 
gradual establishment of the internal market during a 
period ending on 31 December 1992; whereas the 
internal market consists of an area without internal 
frontiers within which the free movement of goods, 
persons, services and capital is guaranteed; 
Whereas Article 9 of Council Directive 77/536/EEC (') 
limits the scope of the said Directive to wheeled agri­
cultural or forestry tractors with a mass of between 1,5 
(') OJ No L 220, 29. 8. 1977, p. 1. and 4,5 tonnes; whereas an increase of 1,5 tonnes in the 
maximum mass as laid down at present would not entail 
any major disadvantages from the standpoint of safety 
on the roads and safety at work on the land; 
Whereas the roll-over protection structures of tractors 
with a mass of between 4,5 und 6 tonnes can be treated 
in the same way as those of tractors with a mass of 
between 1,5 and 4,5 tonnes and hence can be accorded 
the benefit of the same rules; 
Whereas Article 11 of Directive 77/536/EEC lays down 
the procedure for adjusting the requirements of the 
Annexes to take account of technical progress; whereas, 
however, technical progress makes it necessary to adjust 
promptly the requirements of the Annexes to the 
Directive and the technical requirements defined in the 
separate Directives; whereas it is necessary to assign its 
adoption to the Commission so as to simplify and speed 
up the'procedure; whereas it is advisable, whenever the 
Council empowers the Commission to implement rules 
laid down in the agricultural and forestry tractor sector, 
to provide for a prior consultation procedure between 
the Commission and the Member States within an 
Advisory Committee, 
17. 12. 88 Official Journal of the European Communities No C 324/15 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
Directive 77/536/EEC is hereby amended as follows: 
1. The phrase 'mass between 1,5 and 4,5 tonnes' in the 
first line of the fourth indent of Article 9 is replaced 
by 'mass between 1,5 and 6 tonnes'. 
2. Article 11 is replaced by the following: 
'Article 11 
The amendments necessary in order to adapt the 
requirements of the Annexes to this Directive so as to 
take account of technical progress shall be adopted in 
accordance with the procedure provided for in Article 
11a.' 
3. The following Article 1 la is inserted: 
Article I la Where use is made of the procedure laid down in this 
Article, the Commission shall reach its decision after 
consulting the Committee. The Committee shall 
consider requests for opinions made by the 
Commission. When requesting an opinion from the 
Committee, the Commission may set a deadline 
within which that opinion must be delivered. The 
Committee's discussions shall not be followed by a 
vote. However, each Committee member may require 
that his opinion be recorded in the minutes.' 
Article 2 
Member States shall bring into force the provicions 
necessary in order to comply with this Directive not later 
than . . . They shall forthwith inform the Commission 
thereof. 
Article 3 
This Directive is addressed to the Member States.