No L 186/10 Official Journal of the European Communities 8.7.86 COUNCIL DIRECTIVE of 26 May 1986 on the approximation of the laws of the Member States relating to falling-object protective structures (FOPS) for certain construction plant (86/296/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (), Having regard to the opinion of the Economic and Social Committee (3), Whereas in some Member States the design, construction and testing of falling-object protective structures for certain categories of construction plant under certain conditions of use are the subject of national provisions requiring these protective structures to comply with special technical criteria and undergo specific tests; whereas this situation is likely to create barriers to intra-Community trade; whereas it is therefore necessary to approximate these provisions; Whereas Council Directive 84/532/EEC of 17 September 1984 on the approximation of the laws of the Member States relating to common provisions for construction plant and equipment (*) has defined a series of joint procedures — in . particular, EEC type-approval, EEC-type examination and EEC self-certification — for the placing on the market and bringing into service of such construction plant; whereas provision should be made for the EEC type-examination procedure, coupled with an EEC inspection procedure, in respect of falling-object protective structures for certain construction plant; whereas, moreover, it is necessary to make provision for this construction plant to be designed with attachment points, so that it can be fitted with the corresponding EEC protective structures; Whereas this Directive is a separate Directive within the meaning of the second paragraph of Article 3 of Directive 84/532/EEC; Whereas the laboratory tests, performance criteria and deflection-limiting volume are laid down by ISO international standards; whereas reference should therefore be made to these existing standards; 1 (1) O] No C 104, 28. 4. 1984, p. 39. (2) O] No C 197, 4. 8. 1980, p. 62. (3) OJ No C 205, 11. 8. 1980, p. 27. (*) OJ No L 300, 19. 11. 1984, p. 111. Whereas technical progress necessitates rapid adaptation of the technical requirements; whereas the procedure laid down in Article 24 of Directive 84/532/EEC should therefore be adopted for such adaptations of this Directive, HAS ADOPTED THIS DIRECTIVE: Article 1 This Directive applies to falling-object protective structures (FOPS) for the construction plant listed under 2.1 in ISO standard 3449, third edition of 15 April 1984, hereinafter referred to as ISO standard 3449/3. Article 2 1.  Member States shall take all necessary steps to ensure that: ' (a) falling-object protective structures cannot be placed on the market unless they comply with this Directive and the type of structure which has satisfied EEC type-examination in accordance with Directive 84/532/EEC. These protective structures shall hereinafter be referred to as EEC protective structures; (b) the construction plant referred to in Article 1 cannot be placed on the market unless it is designed to be fitted with an EEC protective structure. Plant shall be considered to be designed to be fitted with an EEC protective structure if it is provided with a roll-over protective structure (ROPS) to which the aforesaid EEC protective structure can be fitted. 2. Member States may stipulate that, when used in certain normal conditions where the use of a falling-object protective structure is justified, the construction plant referred to in Article 1 may not be put into service or used unless fitted with an EEC protective structure. Article 3 " 1. The approved bodies referred to in Article 9 of Directive 84/532/EEC shall not issue an EEC type-exami-