CELEX: 51988PC0626
Language: en
Date: 1988-11-17
Title: PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING DIRECTIVE 86/298/EEC ON REAR-MOUNTED ROLL-OVER PROTECTION STRUCTURES FOR NARROW-TRACK WHEELED AGRICULTURAL AND FORESTRY TRACTORS

6. 12. 88                                 Official Journal of the European Communities                                    No C 311/9
             The industrial criteria in terms of which the different aspects of the programme are to be evaluated are:
             — whether the calls for proposals attracted sufficient industrial interest to permit formulation of a
                 coherent programme. The criterion of sufficiency would be that the ratio resources proffered by
                 industrial contractors to Community funding be greater than 1,5,
             — the extent to which projects were selected against credible industrial criteria,
             — that at least half the proposals received envisage a major role for a university or research laboratory in
                 a Member State other than that of an industrial partner,
             — the extent to which links formed to execute TELEMAN projects have continued and led to joint devel-
                 opment of industrial products, new multinational firms or new research projects,
             — application of technology and patents <*rising from TELEMAN are applied by other firms and in other
                 industries.
             Proposal for a Council Directive amending Directive 86/298/EEC on rear-mounted roll-over
                     protection structures for narrow-track wheeled agricultural and forestry tractors
                                                  COM(88) 626 final — SYN 163
                                      (Submitted by the Commission on 21 November 1988)
                                                           (88/C 311/09)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                               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-
Having regard to the Treaty establishing the European                  inated;
Economic Community, and in particular Article 100a
thereof,
                                                                       Whereas the purely theoretical parameters and calcu-
Having regard to the proposal from the Commission,                     lations on which the additional dynamic impact test was
                                                                       initially based have been the subject of practical
                                                                       experiments that leave no doubt as to their reliability;
In cooperation with the European Parliament,
Having regard to the opinion of the Economic and
Social Committee,                                                      Whereas it is also necessary to amend the scope of the
                                                                       Directive so as to clarify the wording of the second
                                                                       indent of Article 1 concerning the tyres fitted to the
Whereas it is necessary to adopt measures which are                    front and rear axles, and thus eliminate any possibility of
intended gradually to establish the internal market over a             differing interpretations;
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, finally, Article 12 of Directive 86/298/EEC
                                                                       lays down the procedure governing the adaptation to
                                                                       technical progress of the Annexes to that Directive;
Whereas Article 13 of Council Directive 86/298/CEE (l)                 whereas, however, technical progress makes it necessary
lays down that the provisions at present in force shall be             promptly to adapt the requirements set out in the
supplemented by provisions introducing additional                      Annexes to the Directive and the technical requirements
impact tests into the dynamic test procedure;                          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, since provision is already made for an                        whereas, in all cases where the Council empowers the
additional test in the case of the static test procedure, it           Commission to implement rules established in the agri-
is necessary also in that of the dynamic test procedure to             cultural or forestry tractor sector, it is necessary to
provide for an additional test which more accurately                   provide for a procedure for prior consultation, within an
                                                                       Advisory Committee, between the Commission and the
 (') OJ No L 186, 8. 7. 1986, p. 26.                                    Member States,
 ---pagebreak--- No C 311/10                                  Official Journal of the European Communities                                       6. 12. 88
HAS ADOPTED THIS DIRECTIVE:                                                  3. The following new Article 12a is inserted:
                             Article 1                                           Article 12a
Directive 86/298/EEC is hereby amended as follows:                              Where use is made of the procedure laid down in this
                                                                                Article, the Commission shall reach its decisions after
 1. The second indent of Article 1 is replaced by the
                                                                                consulting the Committee. The Committee shall
    following:
                                                                                consider the requests for opinions drawn up by the
    'fixed or adjustable minimum track width of less than                       Commission. When requesting an opinion from the
     1 150 mm for the axles fitted with the widest tyres;                       Committee, the Commission may set a deadline
    since the axle fitted with the widest tyres is assumed                      within which that opinion must be delivered. The ac-
    to be adjusted to a maximum track width of                                  tivities of the Committee shall not be followed by a
    1 150 mm, the other axle must be capable of being                           vote. However, each member of the Committee may
    adjusted in such a way that the outer edges of the                          require that his opinion be entered in the minutes.'
    narrowest tyres do not project beyond the outer edges
    of the tyres on the axle with the widest tyres. Where                   4. Annexes II and III A are amended as set out in the
    both axles are equipped with wheels and tyres of the                        Annex hereto.
    same size, the fixed or adjustable track width of both
    axles must be less than 1 150 mm;'                                                                  Article 2
2. Article 12 is replaced by the following:                                 Member States shall adopt the measures necessary to
    Article 12                                                              comply with this Directive before 1 October 1989 and
                                                                            shall forthwith inform the Commission thereof.
    Any amendments necessary in order to adopt the
    Annexes to this Directive to technical progress shall
                                                                                                        Article 3
    be adopted in accordance with the procedure laid
    down in Article 12 bis'.                                                This Directive is addressed to the Member States.
                                                                    ANNEX
              Item 3.1.1 of Annex II is replaced by the following:
              '3.1.1. After each partial test in the dynamic test procedure, it shall be free from tears or cracks as
                      described in item 3.1 of Annex III A.
                      If, during the dynamic test, significant tears or cracks appear, an additional impact test or crushing
                      test as defined in item 1.6 of Annex III A must be performed immediately after the test which
                      caused these tears or cracks to appear'.
              Item 1.6 of Annex III A is replaced by the following:
              '1.6.   Additional tests
               1.6.1. If cracks or tears which cannot be considered negligible appear during an impact test, a second,
                      similar test, but with a height of fall of:
                                                                      H        12 + 4a
                                                              H   =
                                                                      10         1 + 2a
                      shall be performed immediately after the impact test causing these tears or cracks to appear, 'a'
                      being the ratio of the permanent deformation to the elastic deformation (a = D p /D e ) as measured
                      at the point of impact.
                      The additional permanent deformation due to the second impact must not exceed 30 % of the
                      permanent deformation due to the first impact.
                      In order to be able to carry out the additional test, it is necessary to measure the elastic deformation
                      during all of the impact tests.
               1.6.2. If, during a crushing test, significant tears or cracks appear, a second, similar crushing test, but with
                      a force equal to 1,2 F v , shall be performed immediately after the crushing test which caused these
                      tears and cracks to appear'.