CELEX: 51988PC0630
Language: en
Date: 1988-11-14
Title: PROPOSAL FOR A COUNCIL DIRECTIVE ( EEC ) AMENDING DIRECTIVE 77/536/EEC ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO THE ROLL-OVER PROTECTION STRUCTURES OF WHEELED AGRICULTURAL OR FORESTRY TRACTORS

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,                                 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
Having regard to the Treaty establishing the European                    on the roads and safety at work on the land;
Economic Community, and in particular Article 100a
thereof,
Having regard to the proposal from the Commission,                       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
In cooperation with the European Parliament,                             between 1,5 and 4,5 tonnes and hence can be accorded
                                                                         the benefit of the same rules;
Having regard to the opinion of the Economic and
Social Committee,
                                                                         Whereas Article 11 of Directive 77/536/EEC lays down
Whereas it is necessary to adopt measures for the                        the procedure for adjusting the requirements of the
gradual establishment of the internal market during a                    Annexes to take account of technical progress; whereas,
period ending on 31 December 1992; whereas the                           however, technical progress makes it necessary to adjust
internal market consists of an area without internal                     promptly the requirements of the Annexes to the
frontiers within which the free movement of goods,                       Directive and the technical requirements defined in the
persons, services and capital is guaranteed;                             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
Whereas Article 9 of Council Directive 77/536/EEC (')                    Council empowers the Commission to implement rules
limits the scope of the said Directive to wheeled agri-                  laid down in the agricultural and forestry tractor sector,
cultural or forestry tractors with a mass of between 1,5                 to provide for a prior consultation procedure between
                                                                         the Commission and the Member States within an
(') OJ No L 220, 29. 8. 1977, p. 1.                                      Advisory Committee,
 ---pagebreak--- 17. 12. 88                            Official Journal of the European Communities                           No C 324/15
HAS ADOPTED THIS DIRECTIVE:                                         Where use is made of the procedure laid down in this
                                                                    Article, the Commission shall reach its decision after
                          Article 1                                 consulting the Committee. The Committee shall
                                                                    consider requests for opinions made by the
Directive 77/536/EEC is hereby amended as follows:                  Commission. When requesting an opinion from the
                                                                    Committee, the Commission may set a deadline
1. The phrase 'mass between 1,5 and 4,5 tonnes' in the
                                                                    within which that opinion must be delivered. The
   first line of the fourth indent of Article 9 is replaced
                                                                    Committee's discussions shall not be followed by a
   by 'mass between 1,5 and 6 tonnes'.
                                                                    vote. However, each Committee member may require
2. Article 11 is replaced by the following:                         that his opinion be recorded in the minutes.'
    'Article 11
                                                                                          Article 2
   The amendments necessary in order to adapt the
   requirements of the Annexes to this Directive so as to        Member States shall bring into force the provicions
   take account of technical progress shall be adopted in        necessary in order to comply with this Directive not later
   accordance with the procedure provided for in Article         than . . . They shall forthwith inform the Commission
                                                                 thereof.
   11a.'
3. The following Article 1 la is inserted:                                                Article 3
    Article I la                                                 This Directive is addressed to the Member States.