No L 384/12 Official Journal of the European Communities 31.12. 86 COUNCIL DIRECTIVE of 22 December 1986 on the approximation of the laws of the Member States relating to self-propelled industrial trucks (86/663/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 the Parliament (2), opinion of European Having regard to the opinion of the Economic and Social Committee (3), Whereas in each Member State the design and construction of self-propelled industrial trucks are subject to safety provisions which differ from one Member State to another and consequently hinder trade in these appliances; whereas it is therefore necessary to approximate these provisions; Whereas Council Directive 84/528/EEC of 17 September 1984 on the approximation of the laws of the Member and the fuel tank; whereas a transition period is justified in order to enable manufacturers to adapt their products to these new provisions; Whereas technical progress necessitates rapid adaptation of the technical requirements; whereas the procedure laid down in Article 22 of Directive 84/528/EEC should therefore be adopted for such adaptations of this Directive; Whereas certain provisions in Annex I should be excluded from the application of the derogating clause provided for in Article 23 of Directive 84/528/EEC; Whereas the institution of examination and testing methods is an implementing measure of a technical nature and should therefore be adopted by the Commission in accordance with the procedure referred to above, HAS ADOPTED THIS DIRECTIVE: States relating to common provisions for lifting and mechanical handling appliances () laid down a series of common procedures, such as EEC type-approval, EEC type-examination and EEC self-certification, for the placing on the market of these lifting and mechanical handling appliances; whereas, in the case of self-propelled industrial trucks, EEC self-certification should be provided for, as is the usual practice in the Member States; Whereas this Directive is a separate Directive within the meaning of Article 2 (2) of Directive 84/528/EEC; Whereas the technical provisions contained in Annex I do not preclude Community or national measures concerning other safety aspects of these industrial trucks such as the operator restraint system, electrical safety, traffic safety, safety when working in areas subject to explosion, exhaust emissions and noise; Whereas, in the interests of greater safety, it would appear advisable to introduce provisions relating to the controls (1) O] No C 165, 2. 7. 1979, p. 1. (z) O] No C 197, 4. 8. 1980, p. 67. (3) O] No C 182, 21. 7. 1980, p. 22. () OJ No L 300, 19. 11. 1984, p. 72. Article 1 1. This Directive shall apply to self-propelled industrial trucks, the capacity of which does not exceed 10 000 kilograms, and to tractors with a draw-bar pull of less than 20 000 newtons. 2. For the purpose of this Directive, ‘self-propelled industrial truck’ means any wheeled vehicle, other than those running on rails, that is designed to carry, tow, push, lift, stack or tier in racks any kind of load and is controlled by an operator who either walks with the truck or rides on a specially arranged driving platform which is either fixed to the chassis or can be raised. Article 2 1. This Directive does not cover: (a) tipper vehicles (known as dumpers) or motor-driven barrows operating on building and construction sites; (b) tractors other than those referred to in Annex I, section 1.2, lorries with- or without trailer, forestry and agricultural tractors, construction plant and trucks used in underground mining operations; (c) milk floats and similar delivery vehicles;