CELEX: 51988PC0629
Language: en
Date: 1988-11-11
Title: 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

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,                           cases where the Council empowers the Commission to
                                                                   implement rules established in the agricultural or forestry
Having regard to the Treaty establishing the European              tractor sector, it is necessary to provide for a procedure
Economic Community, and in particular Article 100A                 or prior consultation, within an Advisory Committee,
thereof,                                                           between the Commission and the Member States,
Having regard to the proposal from the Commission,
                                                                   HAS ADOPTED THIS DIRECTIVE:
In cooperation with the European Parliament,
Having regard to the opinion of the Economic and                                             Article 1
Social Committee,
                                                                   Directive 87/402/EEC is hereby amended as follows:
Whereas it is necessary to adopt measures which are
intended gradually to establish the internal market over a         1. Article 11 is replaced by the following:
period expiring on 31 December 1992; whereas the
internal market consists of an entity without internal                 'Article 11
frontiers within which the free movement of goods,
persons, services and capital is ensured;                             Any amendments needed in order to adapt the
                                                                      Annexes to this Directive to technical progress shall
Whereas Article 12 of Council Directive 87/402/EEC (')                be adopted in accordance with the procedure laid
lays down that the provisions at present in force shall be            down in Article 11 (a).'
supplemented by provisions introducing additional
impact tests into the dynamic test procedure;                      2. The following new Article 11 (a) is inserted:
Whereas, since provision is already made for an                        Article 11 (a)
additional test in the case of the static test procedure, it
is necessary also in that of the dynamic test procedure to            Where use is made of the procedure defined in this
provide for an additional test — which more accurately                Article the Commission shall reach its decisions after
reflects the situation in the event of tractor roll-over —            consulting the Committee. The Committee shall
in order that these two test procedures may be rendered               consider the requests for opinions drawn up by the
equivalent and the present imbalance between them elim-               Commission. When requesting an opinion from the
inated;                                                               Committee the Commission may set a deadline within
                                                                      which that opinion must be delivered. The activities of
Whereas, in respect of the reliability of the parameters              the Committee shall not be followed by a vote.
and calculations, the results of the practical experiments            However, each member of the Committee may
carried out on rear-mounted structures may be                         require that his opinion be entered in the minutes.'
transposed to the same type of structure, but mounted
on the front;
                                                                   3. Annex IV-A is amended as set out in the Annex
Whereas Article 11 of Directive 87/402/EEC lays down                  hereto.
the procedure governing the adaptation to technical
progress of the Annexes to that Directive; whereas                                           Article 2
however, technical progress makes it necessary promptly
to adapt the requirements set out in the Annexes to the            Member States shall adopt the measures necessary to
Directive and the technical requirements defined in the            comply with this Directive before 1 October 1989, and
separate Directives; whereas the Commission should be              shall forthwith inform the Commission thereof.
made responsible for the adoption thereof in order to
simplify and expedite this procedure; whereas, in all
                                                                                              Article 3
 (')OJ No L 220, 8. 8. 1987, p. 1.                                 This Directive is addressed to the Member States.
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        Item 1 6 o f Annex I V ^ i s h e r e b ^ replaced b^ the following
             16 A d d ^ n o ^ rests
                   161  If cracks or tears whichcannot be considered n e g h g i b l e a p p e a r d u n n g a n 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^ O B I O ^ a s 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
                        I n o r d e r t o b e a b l e t o c a r r ^ o u t t h e a d d i t i o n a l test, i t i s n e c e s s a r ^ t o m e a s u r e theelastic
                        deformation during all of the impact tests
                   162  If, d u n n g a c r u s h i n g test, sigmficantcracks or tears appear, asecond, similar, crushing
                        t e s t , b u t w i t h a f o r c e e o . u a l t o l , 2 ^ , s h a l l b e p e r f o r m e d i m m e d i a t e l ^ a f t e r the crushing
                        test which caused these tears or cracks to appears