8.7.86 Official Journal of the European Communities No L 186/1 (Acts whose publication is not.obligatory) - COUNCIL COUNCIL DIRECTIVE of 26 May 1986 on the approximation of the laws of the Member States relating to roll-over protective structures (ROPS) for certain construction plant (86/295/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 (2), Having regard to the opinion of the Economic and Social Committee (3), ’ Whereas in some Member States the design, construction and testing of roll-over protective structures for certain categories of construction plant are the subject of national provisions requiring such construction plant to be fitted with the abovementioned protective structures; whereas this situation is likely to create barriers to intra-Community trade; whereas the purpose of these provisions is to protect the operator of the plant; 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 1 (1) O] No C 104, 28. 4. 1980, p. 29. (2) O] No C 197, 4. 8. 1980, p. 66. (3) O] No C 205, 11. 8. 1980, p. 27. (*) O] No L 300, 19. 11, 1984, p. 111. procedure, coupled with an EEC inspection procedure, in respect of roll-over protective structures for certain construction plant; 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; 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 roll-over protective structures (ROPS) for the construction plant listed under 2.1 in ISO standard 3471, second edition of 15 September 1980, hereinafter referred to as ISO standard 3471/2. Article 2 Member States shall take all necessary steps to ensure that the construction plant referred to in Article 1 cannot be placed on the market unless it is fitted with suitable roll-over protective structures which comply with this Directive and with the type of structure that has satisfied EEC type-examination in accordance with Directive 84/532/EEC. These structures shall hereinafter be referred to as EEC protective structures.