1998L0037 — EN — 07.12.1998 — 001.002 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B DIRECTIVE98/37/ECOFTHEEUROPEANPARLIAMENTANDOFTHECOUNCIL
of22June1998
ontheapproximationofthelawsoftheMember Statesrelating tomachinery
(OJ L 207, 23.7.1998, p. 1)
Amended by:
Official Journal
No page date
►M1Directive 98/79/EC of the European Parliament and of the Council of 27
October 1998L 331 1 7.12.1998
Corrected by:
►C1Corrigendum, OJ L 16, 21.1.1999, p. 36 (98/37/EC)
►C2Corrigendum, OJ L 22, 29.1.1999, p. 75 (98/79/EC)
►C3Corrigendum, OJ L 6, 10.1.2002, p. 70 (98/79/EC)
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DIRECTIVE 98/37/EC OF THE EUROPEAN PARLIAMENT
ANDOFTHECOUNCIL
of22June1998
on the approximationof the lawsofthe Member States relating to
machinery
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and
in particular Article 100a thereof,
Having regard to the proposal from the Commission,Having regard to the opinion of the Economic and Social
Committee(
1),
Acting in accordance withth e procedure laid down in Article 189b of
the Treaty(2),
(1)Whereas Council Directive 89/392/EEC of 14 June 1989 on theapproximation of the laws of the Member States relating tomachinery(
3) has been frequently and substantially amended;
whereas for reasons of clarity and rationality the said Directive
should be consolidated;
(2)Whereas the internal market consists of an area without internal
frontiers within which the free movement of goods, persons,services and capital is guaranteed;
(3)Whereas the machinery sector is an important part of the engi-neering industry and is one of the industrial mainstays of theCommunity economy;
(4)Whereas the social cost of the large number of accidents causeddirectly by the use of machinery can be reduced by inherentlysafe design and construction of machinery and by proper instal-lations and maintenance;
(5)Whereas Member States are responsible for ensuring the healthand safety on their territory of persons and, where appropriate,of domestic animals and goods and, in particular, of workers,notably in relation to the risks arising out of the use of
machinery;
(6)Whereas, in the Member States, the legislative systems regarding
accident prevention are very different; whereas the relevantcompulsory provisions, frequently supplemented by de facto
mandatory technical specifications and/or voluntary standards,
do not necessarily lead to different levels of health and safety,but nevertheless, owing to their disparities, constitute barriers totrade within the Community; whereas, furthermore, conformitycertification and national certification systems for machinery
differ considerably;
(7)Whereas existing national health and safety provisions providing
protection against the risks caused by machinery must beapproximated to ensure free movement on the market of
machinery without lowering existing justified levels of protec-
tion in the Member States; whereas the provisions of thisDirective concerning the design and construction of machinery,essential for a safer working environment, shall be accompaniedby specific provisions concerning the prevention of certain risksto which workers can be exposed at work, as well as by provi-1998L0037 — EN — 07.12.1998 — 001.002 — 2
(1) OJ C 133, 28.4.1997, p. 6.
(2) Opinion of the European Parliament of 17 September 1997 (OJ C 304,
6.10.1997, p. 79), Council common position of 24 March1998 (OJ C 161,
27.5.1998, p. 54) and Decision of the European Parliament of 30 April 1998
(OJ C 152, 18.5.1998). Council Decision of 25 May 1998.
(3) OJ L 183, 29.6.1989, p. 9. Directive as last amended by Directive 93/68/
EEC (OJ L 220, 30.8.1993, p. 1).
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sions based on the organisation of safety of workers in the
working environment;
(8)Whereas Community law, in its present form, provides — by
way of derogation from one of the fundamental rules of the
Community, namely the free movement of goods — that obsta-cles to movement within the Community resulting fromdisparities in national legislation relating to the marketing ofproducts must be accepted in so far as the provisions concernedcan be recognised as being necessary to satisfy imperative
requirements;
(9)Whereas paragraphs 65 and 68 of the White Paper on the
completion of the internal market, approved by the EuropeanCouncil in June 1985, provide for a new approachto legislativeharmonisation; whereas, therefore, the harmonisation of laws inthis case must be limited to those requirements necessary to
satisfy the imperative and essential health and safety require-
ments relating to machinery; whereas these requirements mustreplace the relevant national provisions because they are essen-tial;
(10)Whereas the maintenance or improvement of the level of safetyattained by the Member States constitutes one of the essential
aims of this Directive and of the principle of safety as defined
by the essential requirements;
(11)Whereas the field of application of this Directive must be basedon a general definition of the term ‘machinery’ so as to allowthe technical development of products; whereas the developmentof complex installations and the risks they involve are of an
equivalent nature and their express inclusion in the Directive is
therefore justified;
(12)Whereas it is also necessary to deal with safety componentswhich are placed on the market separately and the safety func-tion of which is declared by the manufacturer or his authorisedrepresentative established in the Community;
(13)Whereas, for trade fairs, exhibitions, etc., it must be possible to
exhibit machinery which does not conform to this Directive;
whereas, however, interested parties should be properly informedthat the machinery does not conform and cannot be purchased inthat condition;
(14)Whereas the essential health and safety requirements must beobserved in order to ensure that machinery is safe; whereas these
requirements must be applied withdiscernment to take account
of the state of the art at the time of construction and of technicaland economic requirements;
(15)Whereas the putting into service of machinery within themeaning of this Directive can relate only to the use of themachinery itself as intended by the manufacturer; whereas this
does not preclude the laying-down of conditions of use external
to the machinery, provided that it is not thereby modified in away not specified in this Directive;
(16)Whereas it is necessary not only to ensure the free movementand putting into service of machinery bearing the ‘CE’ markingand having an EC conformity certificate but also to ensure free
movement of machinery not bearing the ‘CE’ marking where it
is to be incorporated into other machinery or assembled withother machinery to form a complex installation;
(17)Whereas, therefore, this Directive defines only the essentialhealth and safety requirements of general application, supple-mented by a number of more specific requirements for certain
categories of machinery; whereas, in order to help manufacturers
to prove conformity to these essential requirements and in orderto allow inspection for conformity to the essential requirements,it is desirable to have standards harmonised at European levelfor the prevention of risks arising out of the design and construc-tion of machinery; whereas these standards harmonised at1998L0037 — EN — 07.12.1998 — 001.002 — 3
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European level are drawn up by private-law bodies and must
retain their non-binding status; whereas for this purpose theEuropean Committee for Standardisation (CEN) and the
European Committee for Electrotechnical Standardisation
(Cenelec) are the bodies recognised as competent to adoptharmonised standards in accordance with the general guidelinesfor cooperation between the Commission and these two bodiessigned on 13 November 1984; whereas, within the meaning of
this Directive, a harmonised standard is a technical specification
(European standard or harmonisation document) adopted byeither or both of these bodies, on the basis of a remit from theCommission in accordance withth e provisions of Directive 83/189/EEC(
1) and on the basis of general guidelines referred to
above;
(18)Whereas it was found necessary to improve the legislative
framework in order to ensure an effective and appropriate contri-
bution by employers and employees to the standardisationprocess;
(19)Whereas the Member States' responsibility for safety, health andthe other aspects covered by the essential requirements on theirterritory must be recognised in a safeguard clause providing for
adequate Community protection procedures;
(20)Whereas, as is currently the practice in Member States, manufac-
turers should retain the responsibility for certifying theconformity of their machinery to the relevant essential require-ments; whereas conformity to harmonised standards creates apresumption of conformity to the relevant essential requirements;whereas it is left to the sole discretion of the manufacturer,
where he feels the need, to have his products examined and
certified by a third party;
(21)Whereas, for certain types of machinery having a higher riskfactor, a stricter certification procedure is desirable; whereas theEC type-examination procedure adopted may result in an ECdeclaration being given by the manufacturer without any stricter
requirement suchas a guarantee of quality, EC verification or
EC supervision;
(22)Whereas it is essential that, before issuing an EC declaration ofconformity, the manufacturer or his authorised representativeestablished in the Community should provide a technicalconstruction file; whereas it is not, however, essential that alldocumentation be permanently available in a material manner,
but it must be made available on demand; whereas it need not
include detailed plans of the sub-assemblies used in manufac-turing the machines, unless knowledge of these is indispensablein order to ascertain conformity withessential safety require-ments;
(23)Whereas, in its communication of 15 June 1989 on a global
approachto certification and testing(2), the Commission
proposed that common rules be drawn up concerning a ‘CE’conformity marking witha single design; wh ereas, in its resolu-tion of 21 December 1989 on a global approachto conformityassessment(
3), the Council approved as a guiding principle the
adoption of a consistent approachsuchas th is withregard to
the use of the ‘CE’ marking; whereas the two basic elements of
the new approach which must be applied are therefore the essen-tial requirements and the conformity assessment procedures;1998L0037 — EN — 07.12.1998 — 001.002 — 4
(1) Council Directive 83/189/EEC of 28 March1983 laying down a procedure
for the provision of information in the field of technical standards and regu-
lations (OJ L 109, 26.4.1983, p. 8). Directive as last amended by
Commission Decision 96/139/EC (OJ L 32, 10.2.1996, p. 31).
(2) OJ C 231, 8.9.1989, p. 3, and OJ C 267, 19.10.1989, p. 3.
(3) OJ C 10, 16.1.1990, p. 1.
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(24)Whereas the addressees of any decision taken under this Direc-
tive must be informed of the reasons for such a decision and the
legal remedies open to them;
(25)Whereas this Directive must not affect the obligations of theMember States concerning the deadlines for transposition andapplication of the Directives set out in Annex VIII, part B,
HAVE ADOPTED THIS DIRECTIVE:
CHAPTER I
SCOPE, PLACING ON THE MARKET AND FREEDOM OF
MOVEMENT
Article 1
1. This Directive applies to machinery and lays down the essential
health and safety requirements therefor, as defined in Annex I.
It shall also apply to safety components placed on the market sepa-
rately.
2. For the purposes of this Directive:
(a) ‘machinery’ means:
— an assembly of linked parts or components, at least one of
which moves, with the appropriate actuators, control and powercircuits, etc., joined together for a specific application, in parti-cular for the processing, treatment, moving or packaging of amaterial,
— an assembly of machines which, in order to achieve the same
end, are arranged and controlled so that they function as anintegral whole,
— interchangeable equipment modifying the function of a
machine, which is placed on the market for the purpose of
being assembled witha mach ine or a series of different
machines or with a tractor by the operator himself in so far asthis equipment is not a spare part or a tool;
(b) ‘safety components’ means a component, provided that it is not
interchangeable equipment, which the manufacturer or hisauthorised representative established in the Community places onthe market to fulfil a safety function when in use and the failure
or malfunctioning of which endangers the safety or health of
exposed persons.
3. The following are excluded from the scope of this Directive:
— machinery whose only power source is directly applied manual
effort, unless it is a machine used for lifting or lowering loads,
— medical devices,— special equipment for use in fairgrounds and/or amusement parks,
— steam boilers, tanks and pressure vessels,— machinery specially designed or put into service for nuclear
purposes which, in the event of failure, may result in an emissionof radioactivity,
— radioactive sources forming part of a machine,
— firearms,— storage tanks and pipelines for petrol, diesel fuel, inflammable
liquids and dangerous substances,
— means of transport, i.e. vehicles and their trailers intended solely for
transporting passengers by air or on road, rail or water networks, as
well as means of transport in so far as suchmeans are designed fortransporting goods by air, on public road or rail networks or onwater. Vehicles used in the mineral extraction industry shall not beexcluded,1998L0037 — EN — 07.12.1998 — 001.002 — 5
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— seagoing vessels and mobile offshore units together with equipment
on board suchvessels or units,
— cableways, including funicular railways, for the public or private
transportation of persons,
— agricultural and forestry tractors, as defined in Article 1(1) of
Directive 74/150/EEC(1),
— machines specially designed and constructed for military or police
purposes,
— lifts which permanently serve specific levels of buildings and
constructions, having a car moving between guides which are rigidand inclined at an angle of more than 15 degrees to the horizontaland designed for the transport of:
(i) persons;
(ii) persons and goods;
(iii) goods alone if the car is accessible, that is to say, a person may
enter it without difficulty, and fitted with controls situated
inside the car or within reach of a person inside,
— means of transport of persons using rack and pinion rail mounted
vehicles,
— mine winding gear,— theatre elevators,— construction site hoists intended for lifting persons or persons and
goods.
4. Where, for machinery or safety components, the risks referred to
in this Directive are wholly or partly covered by specific CommunityDirectives, this Directive shall not apply, or shall cease to apply, in
the case of such machinery or safety components and of such risks on
the implementation of these specific Directives.
5. Where, for machinery, the risks are mainly of electrical origin,
such machinery shall be covered exclusively by Directive 73/23/EEC(
2).
Article 2
1. Member States shall take all appropriate measures to ensure that
machinery or safety components covered by this Directive may be
placed on the market and put into service only if they do not endangerthe health or safety of persons and, where appropriate, domesticanimals or property, when properly installed and maintained and usedfor their intended purpose.
2. This Directive shall not affect Member States' entitlement to lay
down, in due observance of the Treaty, such requirements as they may
deem necessary to ensure that persons and in particular workers areprotected when using the machinery or safety components in question,provided that this does not mean that the machinery or safety compo-nents are modified in a way not specified in the Directive.
3. At trade fairs, exhibitions, demonstrations, etc., Member States
shall not prevent the showing of machinery or safety componentswhich do not conform to the provisions of this Directive, providedthat a visible sign clearly indicates that such machinery or safetycomponents do not conform and that they are not for sale until theyhave been brought into conformity by the manufacturer or his
authorised representative established in the Community. During demon-
strations, adequate safety measures shall be taken to ensure theprotection of persons.1998L0037 — EN — 07.12.1998 — 001.002 — 6
(1) Council Directive 74/150/EEC of 4 March 1974 on the approximation of the
laws of the Member States relating to the type-approval of wheeled agricul-
tural or forestry tractors (OJ L 84, 28.3.1974, p. 10). Directive as lastamended by Decision 95/1/EC, Euratom, ECSC (OJ L 1, 1.1.1995, p. 1).
(
2) Council Directive 73/23/EEC of 19 February 1973 on the harmonisation of
the laws of Member States relating to electrical equipment designed for use
within certain voltage limits (OJ L 77, 26.3.1973, p. 29). Directive as last
amended by Directive 93/68/EEC (OJ L 220, 30.8.1993, p. 1).
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Article 3
Machinery and safety components covered by this Directive shall
satisfy the essential health and safety requirements set out in Annex I.
Article 4
1. Member States shall not prohibit, restrict or impede the placing
on the market and putting into service in their territory of machineryand safety components which comply with this Directive.
2. Member States shall not prohibit, restrict or impede the placing
on the market of machinery where the manufacturer or his authorised
representative established in the Community declares in accordancewithpoint B of Annex II th at it is intended to be incorporated intomachinery or assembled with other machinery to constitute machinerycovered by this Directive, except where it can function independently.
‘Interchangeable equipment’, as referred to in the third indent of
Article 1(2)(a), must in all cases bear the CE marking and be accom-panied by the EC declaration of conformity referred to in Annex II,point A.
3. Member States may not prohibit, restrict or impede the placing on
the market of safety components as defined in Article 1(2) where theyare accompanied by an EC declaration of conformity by the manufac-turer or his authorised representative established in the Community asreferred to in Annex II, point C.
Article 5
1. Member States shall regard the following as conforming to all the
provisions of this Directive, including the procedures for checking the
conformity provided for in Chapter II:
— machinery bearing the CE marking and accompanied by the EC
declaration of conformity referred to in Annex II, point A,
— safety components accompanied by the EC declaration of confor-
mity referred to in Annex II, point C.
In the absence of harmonised standards, Member States shall take any
steps they deem necessary to bring to the attention of the parties
concerned the existing national technical standards and specificationswhich are regarded as important or relevant to the proper implementa-tion of the essential safety and health requirements in Annex I.
2. Where a national standard transposing a harmonised standard, the
reference for which has been published in the Official Journal of the
European Communities , covers one or more of the essential safety
requirements, machinery or safety components constructed in accor-dance with this standard shall be presumed to comply with the
relevant essential requirements.
Member States shall publish the references of national standards trans-
posing harmonised standards.
3. Member States shall ensure that appropriate measures are taken to
enable the social partners to have an influence at national level on theprocess of preparing and monitoring the harmonised standards.
Article 6
1. Where a Member State or the Commission considers that the
harmonised standards referred to in Article 5(2) do not entirely satisfythe essential requirements referred to in Article 3, the Commission orthe Member State concerned shall bring the matter before thecommittee set up under Directive 83/189/EEC, giving the reasons
therefor. The committee shall deliver an opinion without delay.
Upon receipt of the committee's opinion, the Commission shall inform
the Member States whether or not it is necessary to withdraw thosestandards from the published information referred to in Article 5(2).1998L0037 — EN — 07.12.1998 — 001.002 — 7
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2. A standing committee shall be set up, consisting of representa-
tives appointed by the Member States and chaired by a representativeof the Commission.
The standing committee shall draw up its own rules of procedure.Any matter relating to the implementation and practical application of
this Directive may be brought before the standing committee, in accor-dance withth e following procedure:
The representative of the Commission shall submit to the committee a
draft of the measures to be taken. The committee shall deliver itsopinion on the draft, within a time limit which the chairman may laydown according to the urgency of the matter, if necessary by taking a
vote.
The opinion shall be recorded in the minutes; in addition, each Member
State shall have the right to ask to have its position recorded in the
minutes.
The Commission shall take the utmost account of the opinion delivered
by the committee. It shall inform the committee of the manner in
which its opinion has been taken into account.
Article 7
1. Where a Member State ascertains that:
— machinery bearing the CE marking, or
— safety components accompanied by the EC declaration of confor-
mity,
used in accordance withth eir intended purpose are liable to endanger
the safety of persons, and, where appropriate, domestic animals or
property, it shall take all appropriate measures to withdraw suchmachinery or safety components from the market, to prohibit theplacing on the market, putting into service or use thereof, or to restrictfree movement thereof.
Member States shall immediately inform the Commission of any such
measure, indicating the reason for its decision and, in particular,whether non-conformity is due to:
(a) failure to satisfy the essential requirements referred to in Article 3;
(b) incorrect application of the standards referred to in Article 5(2);
(c) shortcomings in the standards themselves referred to in Article
5(2).
2. The Commission shall enter into consultation with the parties
concerned without delay. Where the Commission considers, after thisconsultation, that the measure is justified, it shall immediately so
inform the Member State which took the initiative and the other
Member States. Where the Commission considers, after this consulta-tion, that the action is unjustified, it shall immediately so inform theMember State which took the initiative and the manufacturer or hisauthorised representative established within the Community. Where
the decision referred to in paragraph 1 is based on a shortcoming in
the standards, and where the Member State at the origin of the decisionmaintains its position, the Commission shall immediately inform thecommittee in order to initiate the procedures referred to in Article 6(1).
3. Where:
— machinery which does not comply bears the CE marking,
— a safety component which does not comply is accompanied by an
EC declaration of conformity,
the competent Member State shall take appropriate action against
whom so ever has affixed the marking or drawn up the declaration
and shall so inform the Commission and other Member States.
4. The Commission shall ensure that Member States are kept
informed of the progress and outcome of this procedure.1998L0037 — EN — 07.12.1998 — 001.002 — 8
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CHAPTER II
CONFORMITYASSESSMENTPROCEDURES
Article 8
1. The manufacturer or his authorised representative established in
the Community must, in order to certify that machinery and safetycomponents are in conformity withth is Directive, draw up for allmachinery or safety components manufactured an EC declaration of
conformity based on the model given in Annex II, point A or C as
appropriate.
In addition, for machinery alone, the manufacturer or his authorised
representatives established in the Community must affix to the machinethe CE marking.
2. Before placing on the market, the manufacturer, or his authorised
representative established in the Community, shall:
(a) if the machinery is not referred to in Annex IV, draw up the file
provided for in Annex V;
(b) if the machinery is referred to in Annex IV and its manufacturer
does not comply, or only partly complies, withth e standardsreferred to in Article 5(2) or if there are no such standards, submit
an example of the machinery for the EC type-examination referred
to in Annex VI;
(c) if the machinery is referred to in Annex IV and is manufactured in
accordance withth e standards referred to in Article 5(2):
— either draw up the file referred to in Annex VI and forward it to
a notified body, which will acknowledge receipt of the file as
soon as possible and keep it,
— submit the file referred to in Annex VI to the notified body,
which will simply verify that the standards referred to in Article5(2) have been correctly applied and will draw up a certificateof adequacy for the file,
— or submit the example of the machinery for the EC type-exam-
ination referred to in Annex VI.
3. Where the first indent of paragraph 2(c) of this Article applies,
the provisions of the first sentence of paragraphs 5 and 7 of Annex VIshall also apply.
Where the second indent of paragraph 2(c) of this Article applies, the
provisions of paragraphs 5, 6 and 7 of Annex VI shall also apply.
4. Where paragraph 2(a) and the first and second indents of para-
graph 2(c) apply, the EC declaration of conformity shall solely stateconformity with the essential requirements of the Directive.
Where paragraph 2(b) and the third indent of paragraph 2(c) apply, the
EC declaration of conformity shall state conformity with the examplethat underwent EC type-examination.
5. Safety components shall be subject to the certification procedures
applicable to machinery pursuant to paragraphs 2, 3 and 4. Further-
more, during EC type-examination, the notified body shall verify the
suitability of the safety component for fulfilling the safety functionsdeclared by the manufacturer.
6. (a) Where the machinery is subject to other Directives concerning
other aspects and which also provide for the affixing of the CE
marking, the latter shall indicate that the machinery is alsopresumed to conform to the provisions of those other Directives.
(b) However, where one or more of those Directives allow the
manufacturer, during a transitional period, to choose whicharrangements to apply, the CE marking shall indicate conformityonly to the Directives applied by the manufacturer. In this case,particulars of the Directives applied, as published in the Official
Journal of the European Communities , must be given in the1998L0037 — EN — 07.12.1998 — 001.002 — 9
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documents, notices or instructions required by the directives and
accompanying suchmach inery.
7. Where neither the manufacturer nor his authorised representative
established in the Community fulfils the obligations of paragraphs 1 to
6, these obligations shall fall to any person placing the machinery orsafety component on the market in the Community. The same obliga-tions shall apply to any person assembling machinery or parts thereofor safety components of various origins or constructing machinery or
safety components for his own use.
8. The obligations referred to in paragraph 7 shall not apply to
persons who assemble with a machine or tractor interchangeable equip-ment as provided for in Article 1, provided that the parts arecompatible and each of the constituent parts of the assembled machinebears the CE marking and is accompanied by the EC declaration of
conformity.
Article 9
1. Member States shall notify the Commission and the other
Member States of the approved bodies which they have appointed tocarry out the procedures referred to in Article 8 together with thespecific tasks which these bodies have been appointed to carry out
and the identification numbers assigned to them beforehand by the
Commission.
The Commission shall publish in the Official Journal of the European
Communities a list of the notified bodies and their identification
numbers and the tasks for which they have been notified. The Commis-sion shall ensure that this list is kept up to date.
2. Member States shall apply the criteria laid down in Annex VII in
assessing the bodies to be indicated in such notification. Bodiesmeeting the assessment criteria laid down in the relevant harmonisedstandards shall be presumed to fulfil those criteria.
3. A Member State which has approved a body must withdraw its
notification if it finds that the body no longer meets the criteria referred
to in Annex VII. It shall immediately inform the Commission and the
other Member States accordingly.
CHAPTER III
CEMARKING
Article 10
1. The CE conformity marking shall consist of the initials ‘CE’. The
form of the marking to be used is shown in Annex III.
2. The CE marking shall be affixed to machinery distinctly and
visibly in accordance withpoint 1.7.3 of Annex I.
3. The affixing of markings on the machinery which are likely to
deceive third parties as to the meaning and form of the CE marking
shall be prohibited. Any other marking may be affixed to the
machinery provided that the visibility and legibility of the CE markingis not thereby reduced.
4. Without prejudice to Article 7:
(a) where a Member State establishes that the CE marking has been
affixed unduly, the manufacturer or his authorised representative
established within the Community shall be obliged to make the
product conform as regards the provisions concerning the CEmarking and to end the infringement under the conditions imposedby the Member State;
(b) where non-conformity continues, the Member State must take all
appropriate measures to restrict or prohibit the placing on themarket of the product in question or to ensure that it is withdrawnfrom the market in accordance with the procedure laid down inArticle 7.1998L0037 — EN — 07.12.1998 — 001.002 — 10
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CHAPTER IV
FINALPROVISIONS
Article 11
Any decision taken pursuant to this Directive which restricts the
placing on the market and putting into service of machinery or a safetycomponent shall state the exact grounds on which it is based. Such a
decision shall be notified as soon as possible to the party concerned,
who shall at the same time be informed of the legal remedies availableto him under the laws in force in the Member State concerned and ofthe time limits to which such remedies are subject.
Article 12
The Commission will take the necessary steps to have information on
all the relevant decisions relating to the management of this Directivemade available.
Article 13
1. Member States shall communicate to the Commission the texts of
the provisions of national law which they adopt in the field governed
by this Directive.
2. The Commission shall, before 1 January 1994, examine the
progress made in the standardisation work relating to this Directiveand propose any appropriate measures.
Article 14
1. The Directives listed in Annex VIII, Part A, are hereby repealed,
without prejudice to the obligations of the Member States concerningthe deadlines for transposition and application of the said Directives,as set out in Annex VIII, Part B.
2. References to the repealed Directives shall be construed as refer-
ences to this Directive and be read in accordance with the correlation
table set out in Annex IX.
Article 15
This Directive shall enter into force on the 20th day following that of
its publication in the Official Journal of the European Communities .
Article 16
This Directive is addressed to the Member States.1998L0037 — EN — 07.12.1998 — 001.002 — 11
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ANNEX I
ESSENTIALHEALTHANDSAFETYREQUIREMENTSRELATINGTO
THE DESIGN AND CONSTRUCTION OF MACHINERY AND SAFETY
COMPONENTS
For the purposes of this Annex ‘machinery’ means either ‘machinery’ or ‘safety
component’ as defined in Article 1(2).
PRELIMINARY OBSERVATIONS
1. The obligations laid down by the essential health and safety require-
ments apply only when the corresponding hazard exists for the
machinery in question when it is used under the conditions foreseen
by the manufacturer. In any event, requirements 1.1.2, 1.7.3 and 1.7.4
apply to all machinery covered by this Directive.
2. The essential health and safety requirements laid down in this Directive
are mandatory. However, taking into account the state of the art, it may
not be possible to meet the objectives set by them. In this case, the
machinery must as far as possible be designed and constructed with
the purpose of approaching those objectives.
3. The essential health and safety requirements have been grouped
according to the hazards which they cover.
Machinery presents a series of hazards which may be indicated under
more than one heading in this Annex.
The manufacturer is under an obligation to assess the hazards in order
to identify all of those which apply to his machine; he must then design
and construct it taking account of his assessment.
1 ESSENTIAL HEALTH AND SAFETY REQUIREMENTS
1.1.Generalremarks
1.1.1.Definitions
For the purpose of this Directive:1. ‘danger zone’ means any zone within and/or around machinery in
which an exposed person is subject to a risk to his health or safety;
2. ‘exposed person’ means any person wholly or partially in a danger
zone;
3. ‘operator’ means the person or persons given the task of installing,
operating, adjusting, maintaining, cleaning, repairing or transporting
machinery.
1.1.2.Principles of safety integration
(a) Machinery must be so constructed that it is fitted for its function,
and can be adjusted and maintained without putting persons at risk
when these operations are carried out under the conditions foreseen
by the manufacturer.
The aim of measures taken must be to eliminate any risk of acci-
dent throughout the foreseeable lifetime of the machinery,
including the phases of assembly and dismantling, even where risks
of accident arise from foreseeable abnormal situations.
(b) In selecting the most appropriate methods, the manufacturer must
apply the following principles, in the order given:
— eliminate or reduce risks as far as possible (inherently safe
machinery design and construction),
— take the necessary protection measures in relation to risks that
cannot be eliminated,
— inform users of the residual risks due to any shortcomings of the
protection measures adopted, indicate whether any particular
training is required and specify any need to provide personal
protection equipment.
(c) When designing and constructing machinery, and when drafting the
instructions, the manufacturer must envisage not only the normal
use of the machinery but also uses which could reasonably be
expected.1998L0037 — EN — 07.12.1998 — 001.002 — 12
▼C1
▼B
▼B
The machinery must be designed to prevent abnormal use if such
use would engender a risk. In other cases the instructions must
draw the user's attention to ways — which experience has shown
might occur — in which the machinery should not be used.
(d) Under the intended conditions of use, the discomfort, fatigue and
psychological stress faced by the operator must be reduced to the
minimum possible taking ergonomic principles into account.
(e) When designing and constructing machinery, the manufacturer must
take account of the constraints to which the operator is subject as a
result of the necessary or foreseeable use of personal protection
equipment (suchas footwear, gloves, etc.).
(f) Machinery must be supplied with all the essential special equipment
and accessories to enable it to be adjusted, maintained and used
without risk.
1.1.3.Materials and products
The materials used to construct machinery or products used and created
during its use must not endanger exposed persons' safety or health.
In particular, where fluids are used, machinery must be designed and
constructed for use without risks due to filling, use, recovery or
draining.
1.1.4.Lighting
The manufacturer must supply integral lighting suitable for the opera-
tions concerned where its lack is likely to cause a risk despite ambient
lighting of normal intensity.
The manufacturer must ensure that there is no area of shadow likely to
cause nuisance, that there is no irritating dazzle and that there are no
dangerous stroboscopic effects due to the lighting provided by the
manufacturer.
Internal parts requiring frequent inspection, and adjustment and mainte-
nance areas, must be provided withappropriate ligh ting.
1.1.5.Design of machinery to facilitate its handling
Machinery or each component part thereof must:
— be capable of being handled safely,
— be packaged or designed so that it can be stored safely and without
damage (e.g. adequate stability, special supports, etc.).
Where the weight, size or shape of machinery or its various component
parts prevents them from being moved by hand, the machinery or each
component part must;
— either be fitted with attachments for lifting gear, or
— be designed so that it can be fitted with such attachments (e.g.
threaded holes), or
— be shaped in such a way that standard lifting gear can easily be
attached.
Where machinery or one of its component parts is to be moved by
hand, it must:
— either be easily movable, or
— be equipped for picking up (e.g. hand-grips, etc.) and moving in
complete safety.
Special arrangements must be made for the handling of tools and/or
machinery parts, even if lightweight, which could be dangerous (shape,
material, etc.).
1.2.Controls
1.2.1.Safety and reliability of control systems
Control systems must be designed and constructed so that they are safe
and reliable, in a way that will prevent a dangerous situation arising.
Above all they must be designed and constructed in such a way that:
— they can withstand the rigours of normal use and external factors,
— errors in logic do not lead to dangerous situations.1998L0037 — EN — 07.12.1998 — 001.002 — 13
▼B
1.2.2.Control devices
Control devices must be:
— clearly visible and identifiable and appropriately marked where
necessary,
— positioned for safe operation without hesitation or loss of time, and
without ambiguity,
— designed so that the movement of the control is consistent with its
effect,
— located outside the danger zones, except for certain controls where
necessary, suchas emergency stop, console for training of robots,
— positioned so that their operation cannot cause additional risk,— designed or protected so that the desired effect, where a risk is
involved, cannot occur without an intentional operation,
— made so as to withstand foreseeable strain; particular attention must
be paid to emergency stop devices liable to be subjected to consid-
erable strain.
Where a control is designed and constructed to perform several
different actions, namely where there is no one-to-one correspondence
(e.g. keyboards, etc.), the action to be performed must be clearly
displayed and subject to confirmation where necessary.
Controls must be so arranged that their layout, travel and resistance to
operation are compatible withth e action to be performed, taking
account of ergonomic principles. Constraints due to the necessary or
foreseeable use of personal protection equipment (suchas footwear,
gloves, etc.) must be taken into account.
Machinery must be fitted with indicators (dials, signals, etc.) as
required for safe operation. The operator must be able to read them
from the control position.
From the main control position the operator must be able to ensure that
there are no exposed persons in the danger zones.
If this is impossible, the control system must be designed and
constructed so that an acoustic and/ or visual warning signal is given
whenever the machinery is about to start. The exposed person must
have the time and the means to take rapid action to prevent the
machinery starting up.
1.2.3.Starting
It must be possible to start machinery only by voluntary actuation of a
control provided for the purpose.
The same requirement applies:
— when restarting the machinery after a stop-page, whatever the cause,
— when effecting a significant change in the operating conditions (e.g.
speed, pressure, etc.),
unless such restarting or change in operating conditions is without risk
to exposed persons.
This essential requirement does not apply to the restarting of the
machinery or to the change in operating conditions resulting from the
normal sequence of an automatic cycle.
Where machinery has several starting controls and the operators can
therefore put each other in danger, additional devices (e.g. enabling
devices or selectors allowing only one part of the starting meachanism
to be actuated at any one time) must be fitted to rule out suchrisks.
It must be possible for automated plant functioning in automatic mode
to be restarted easily after a stoppage once the safety conditions have
been fulfilled.
1.2.4.Stopping device
Normal stoppingEach machine must be fitted with a control whereby the machine can
be brought safely to a complete stop.
Eachworkstation must be fitted witha control to stop some or all of th e
moving parts of the machinery, depending on the type of hazard, so that
the machinery is rendered safe. The machinery's stop control must have
priority over the start controls.1998L0037 — EN — 07.12.1998 — 001.002 — 14
▼B
Once the machinery or its dangerous parts have stopped, the energy
supply to the actuators concerned must be cut off.
Emergency stop
Eachmach ine must be fitted withone or more emergency stop devices
to enable actual or impending danger to be averted. The following
exceptions apply:
— machines in which an emergency stop device would not lessen the
risk, either because it would not reduce the stopping time or
because it would not enable the special measures required to deal
withth e risk to be taken,
— hand-held portable machines and hand-guided machines.
This device must:
— have clearly identifiable, clearly visible and quickly accessible
controls,
— stop the dangerous process as quickly as possible, without creating
additional hazards,
— where necessary, trigger or permit the triggering of certain safe-
guard movements.
Once active operation of the emergency stop control has ceased
following a stop command, that command must be sustained by engage-
ment of the emergency stop device until that engagement is specifically
overridden; it must not be possible to engage the device without trig-
gering a stop command; it must be possible to disengage the device
only by an appropriate operation, and disengaging the device must not
restart the machinery but only permit restarting.
Complex installations
In the case of machinery or parts of machinery designed to work
together, the manufacturer must so design and construct the machinery
that the stop controls, including the emergency stop, can stop not only
the machinery itself but also all equipment upstream and/or downstream
if its continued operation can be dangerous.
1.2.5.Mode selection
The control mode selected must override all other control systems with
the exception of the emergency stop.
If machinery has been designed and built to allow for its use in several
control or operating modes presenting different safety levels (e.g. to
allow for adjustment, maintenance, inspection, etc.), it must be fitted
witha mode selector wh ichcan be locked in eachposition. Eachposi-
tion of the selector must correspond to a single operating or control
mode.
The selector may be replaced by another selection method which
restricts the use of certain functions of the machinery to certain cate-
gories of operator (e.g. access codes for certain numerically controlled
functions, etc.).
If, for certain operations, the machinery must be able to operate with its
protection devices neutralised, the mode selector must simultaneously:
— disable the automatic control mode,
— permit movements only by controls requiring sustained action,— permit the operation of dangerous moving parts only in enhanced
safety conditions (e.g. reduced speed, reduced power, step-by-step,
or other adequate provision) while preventing hazards from linked
sequences,
— prevent any movement liable to pose a danger by acting voluntarily
or involuntarily on the machine's internal sensors.
In addition, the operator must be able to control operation of the parts
he is working on at the adjustment point.
1.2.6.Failure of the power supply
The interruption, re-establishment after an interruption or fluctuation in
whatever manner of the power supply to the machinery must not lead to
a dangerous situation.
In particular:
— the machinery must not start unexpectedly,
— the machinery must not be prevented from stopping if the command
has already been given,1998L0037 — EN — 07.12.1998 — 001.002 — 15
▼B
— no moving part of the machinery or piece held by the machinery
must fall or be ejected,
— automatic or manual stopping of the moving parts whatever they
may be must be unimpeded,
— the protection devices must remain fully effective.
1.2.7.Failure of the control circuit
A fault in the control circuit logic, or failure of or damage to the
control circuit must not lead to dangerous situations.
In particular:
— the machinery must not start unexpectedly,
— the machinery must not be prevented from stopping if the command
has already been given,
— no moving part of the machinery or piece held by the machinery
must fall or be ejected,
— automatic or manual stopping of the moving parts whatever they
may be must be unimpeded,
— the protection devices must remain fully effective.
1.2.8.Software
Interactive software between the operator and the command or control
system of a machine must be user-friendly.
1.3.Protection againstmechanicalhazards
1.3.1.Stability
Machinery, components and fittings thereof must be so designed and
constructed that they are stable enough, under the foreseen operating
conditions (if necessary taking climatic conditions into account) for
use without risk of overturning, falling or unexpected movement.
If the shape of the machinery itself or its intended installation does not
offer sufficient stability, appropriate means of anchorage must be incor-
porated and indicated in the instructions.
1.3.2.Risk of break-up during operation
The various parts of machinery and their linkages must be able to with-
stand the stresses to which they are subject when used as foreseen by
the manufacturer.
The durability of the materials used must be adequate for the nature of
the work place foreseen by the manufacturer, in particular as regards
the phenomena of fatigue, ageing, corrosion and abrasion.
The manufacturer must indicate in the instructions the type and
frequency of inspection and maintenance required for safety reasons.
He must, where appropriate, indicate the parts subject to wear and the
criteria for replacement.
Where a risk of rupture or disintegration remains despite the measures
taken (e.g. as with grinding wheels) the moving parts must be mounted
and positioned in such a way that in case of rupture their fragments will
be contained.
Bothrigid and flexible pipes carrying fluids, particularly th ose under
high pressure, must be able to withstand the foreseen internal and
external stresses and must be firmly attached and/or protected against
all manner of external stresses and strains; precautions must be taken
to ensure that no risk is posed by a rupture (sudden movement, high-
pressure jets, etc.).
Where the material to be processed is fed to the tool automatically, the
following conditions must be fulfilled to avoid risks to the persons
exposed (e.g. tool breakage):
— when the workpiece comes into contact with the tool the latter must
have attained its normal working conditions,
— when the tool starts and/or stops (intentionally or accidentally) the
feed movement and the tool movement must be coordinated.
1.3.3.Risks due to falling or ejected objects
Precautions must be taken to prevent risks from falling or ejected
objects (e.g. workpieces, tools, cuttings, fragments, waste, etc.).1998L0037 — EN — 07.12.1998 — 001.002 — 16
▼B
1.3.4.Risks due to surfaces, edges or angles
In so far as their purpose allows, accessible parts of the machinery must
have no sharp edges, no sharp angles, and no rough surfaces likely to
cause injury.
1.3.5.Risks related to combined machinery
Where the machinery is intended to carry out several different opera-
tions with the manual removal of the piece between each operation
(combined machinery), it must be designed and constructed in such a
way as to enable each element to be used separately without the other
elements constituting a danger or risk for the exposed person.
For this purpose, it must be possible to start and stop separately any
elements that are not protected.
1.3.6.Risks relating to variations in the rotational speed of tools
When the machine is designed to perform operations under different
conditioins of use (e.g. different speeds or energy supply), it must be
designed and constructed in sucha way th at selection and adjustment
of these conditions can be carried out safely and reliably.
1.3.7.Prevention of risks related to moving parts
The moving parts of machinery must be designed, built and laid out to
avoid hazards or, where hazards persist, fixed with guards or protective
devices in sucha way as to prevent all risk of contact wh ichcould lead
to accidents.
All necessary steps must be taken to prevent accidental blockage of
moving parts involved in the work. In cases where, despite the precau-
tions taken, a blockage is likely to occur, specific protection devices or
tools, the instruction handbook and possibly a sign on the machinery
should be provided by the manufacturer to enable the equipment to be
safely unblocked.
1.3.8.Choice of protection against risks related to moving parts
Guards or protection devices used to protect against the risks related to
moving parts must be selected on the basis of the type of risk. The
following guidelines must be used to help make the choice.
A. Moving transmission parts
Guards designed to protect exposed persons against the risks asso-
ciated withmoving transmission parts (suchas pulleys, belts,
gears, rack and pinions, shafts, etc.) must be:
— either fixed, complying with requirements 1.4.1 and 1.4.2.1, or
— movable, complying withrequirements 1.4.1 and 1.4.2.2.A.
Movable guards should be used where frequent access is foreseen.
B. Moving parts directly involved in the process
Guards or protection devices designed to protect exposed persons
against the risks associated with moving parts contributing to the
work (suchas cutting tools, moving parts of presses, cylinders, parts
in the process of being machined, etc.) must be:
— wherever possible fixed guards complying with requirements
1.4.1 and 1.4.2.1,
— otherwise, movable guards complying with requirements 1.4.1
and 1.4.2.2.B or protection devices suchas sensing devices
(e.g. non-material barriers, sensor mats), remote-hold protection
devices (e.g. two-hand controls), or protection devices intended
automatically to prevent all or part of the operator's body from
encroaching on the danger zone in accordance with requirements
1.4.1 and 1.4.3.
However, when certain moving parts directly involved in the
process cannot be made completely or partially inaccessible during
operation owing to operations requiring nearby operator interven-
tion, where technically possible such parts must be fitted with:
— fixed guards, complying withrequirements 1.4.1 and 1.4.2.1
preventing access to those sections of the parts that are not
used in the work,
— adjustable guards, complying withrequirements 1.4.1 and
1.4.2.3 restricting access to those sections of the moving parts
that are strictly for the work.1998L0037 — EN — 07.12.1998 — 001.002 — 17
▼B
1.4.Requiredcharacteristics ofguardsandprotectiondevices
1.4.1.General requirements
Guards and protection devices must:
— be of robust construction,
— not give rise to any additional risk,
— not be easy to by-pass or render non-operational,
— be located at an adequate distance from the danger zone,— cause minimum obstruction to the view of the production process,
— enable essential work to be carried out on installation and/or repla-
cement of tools and also for maintenance by restricting access only
to the area where the work has to be done, if possible without the
guard or protection device having to be dismantled.
1.4.2.Special requirements for guards
1.4.2.1. Fixed guards
Fixed guards must be securely held in place.
They must be fixed by systems that can be opened only with tools.
Where possible, guards must be unable to remain in place without their
fixings.
1.4.2.2. Movable guards
A. Type A movable guards must:
— as far as possible remain fixed to the machinery when open,
— be associated witha locking device to prevent moving parts
starting up as long as these parts can be accessed and to give a
stop command whenever they are no longer closed.
B. Type B movable guards must be designed and incorporated into the
control system so that:
— moving parts cannot start up while they are within the operator's
reach,
— the exposed person cannot reach moving parts once they have
started up,
— they can be adjusted only by means of an intentional action,
suchas th e use of a tool, key, etc.,
— the absence or failure of one of their components prevents
starting or stops the moving parts,
— protection against any risk of ejection is proved by means of an
appropriate barrier.
1.4.2.3. Adjustable guards restricting access
Adjustable guards restricting access to those areas of the moving parts
strictly necessary for the work must:
— be adjustable manually or automatically according to the type of
work involved,
— be readily adjustable without the use of tools,
— reduce as far as possible the risk of ejection.
1.4.3.Special requirements for protection devices
Protection devices must be designed and incorporated into the control
system so that:
— moving parts cannot start up while they are within the operator's
reach,
— the exposed person cannot reach moving parts once they have
started up,
— they can be adjusted only by means of an intentional action, such as
the use of a tool, key, etc.,
— the absence or failure of one of their components prevents starting
or stops the moving parts.
1.5.Protection againstotherhazards
1.5.1.Electricity supply
Where machinery has an electricity supply it must be designed,
constructed and equipped so that all hazards of an electrical nature are
or can be prevented.1998L0037 — EN — 07.12.1998 — 001.002 — 18
▼B
The specific rules in force relating to electrical equipment designed for
use within certain voltage limits must apply to machinery which is
subject to those limits.
1.5.2.Static electricity
Machinery must be so designed and constructed as to prevent or limit
the build-up of potentially dangerous electrostatic charges and/or be
fitted witha disch arging system.
1.5.3.Energy supply other than electricity
Where machinery is powered by an energy other than electricity (e.g.
hydraulic, pneumatic or thermal energy, etc.), it must be so designed,
constructed and equipped as to avoid all potential hazards associated
withth ese types of energy.
1.5.4.Errors of fitting
Errors, likely to be made when fitting or refitting certain parts which
could be a source of risk must be made impossible by the design of
such parts or, failing this, by information given on the parts themselves
and/or the housings. The same information must be given on moving
parts and/or their housings where the direction of movement must be
known to avoid a risk. Any further information that may be necessary
must be given in the instructions.
Where a faulty connection can be the source of risk, incorrect fluid
connections, including electrical conductors, must be made impossible
by the design or, failing this, by information given on the pipes, cables,
etc. and/or connector blocks.
1.5.5.Extreme temperatures
Steps must be taken to eliminate any risk of injury caused by contact
with or proximity to machinery parts or materials at high or very low
temperatures.
The risk of hot or very cold material being ejected should be assessed.
Where this risk exists, the necessary steps must be taken to prevent it
or, if this is not technically possible, to render it non-dangerous.
1.5.6.Fire
Machinery must be designed and constructed to avoid all risk of fire or
overheating posed by the machinery itself or by gases, liquids, dust,
vapours or other substances produced or used by the machinery.
1.5.7.Explosion
Machinery must be designed and constructed to avoid any risk of
explosion posed by the machinery itself or by gases, liquids, dust,
vapours or other substances produced or used by the machinery.
To that end the manufacturer must take steps to:
— avoid a dangerous concentration of products,
— prevent combustion of the potentially explosive atmosphere,— minimise any explosion which may occur so that it does not
endanger the surroundings.
The same precautions must be taken if the manufacturer foresees the
use of the machinery in a potentially explosive atmosphere.
Electrical equipment forming part of the machinery must conform, as
far as the risk from explosion is concerned, to the provision of the
specific Directives in force.
1.5.8.Noise
Machinery must be so designed and constructed that risks resulting
from the emission of airborne noise are reduced to the lowest level
taking account of technical progress and the availability of means of
reducing noise, in particular at source.
1.5.9.Vibration
Machinery must be so designed and constructed that risks resulting
from vibrations produced by the machinery are reduced to the lowest
level, taking account of technical progress and the availability of means
of reducing vibration, in particular at source.1998L0037 — EN — 07.12.1998 — 001.002 — 19
▼B
1.5.10.Radiation
Machinery must be so designed and constructed that any emission of
radiation is limited to the extent necessary for its operation and that
the effects on exposed persons are non-existent or reduced to non-
dangerous proportions.
1.5.11.External radiation
Machinery must be so designed and constructed that external radiation
does not interfere withits operation.
1.5.12.Laser equipment
Where laser equipment is used, the following provisions should be
taken into account:
— laser equipment on machinery must be designed and constructed so
as to prevent any accidental radiation,
— laser equipment on machinery must be protected so that effective
radiation, radiation produced by reflection or diffusion and
secondary radiation do not damage health,
— optical equipment for the observation or adjustment of laser equip-
ment on machinery must be such that no health risk is created by
the laser rays.
1.5.13.Emissions of dust, gases, etc.
Machinery must be so designed, constructed and/or equipped that risks
due to gases, liquids, dust, vapours and other waste materials which it
produces can be avoided.
Where a hazard exists, the machinery must be so equipped that the said
substances can be contained and/or evacuated.
Where machinery is not enclosed during normal operation, the devices
for containment and/or evacuation must be situated as close as possible
to the source emission.
1.5.14.Risk of being trapped in a machine
Machinery must be designed, constructed or fitted with a means of
preventing an exposed person from being enclosed within it or, if that
is impossible, witha means of summoning h elp.
1.5.15.Risk of slipping, tripping or falling
Parts of the machinery where persons are liable to move about or stand
must be designed and constructed to prevent persons slipping, tripping
or falling on or off these parts.
1.6.Maintenance
1.6.1.Machinery maintenance
Adjustment, lubrication and maintenance points must be located outside
danger zones. It must be possible to carry out adjustment, maintenance,
repair, cleaning and servicing operations while machinery is at a stand-
still.
If one or more of the above conditions cannot be satisfied for technical
reasons, these operations must be possible without risk (see 1.2.5).
In the case of automated machinery and, where necessary, other
machinery, the manufacturer must make provision for a connecting
device for mounting diagnostic fault-finding equipment.
Automated machine components which have to be changed frequently,
in particular for a change in manufacture or where they are liable to
wear or likely to deteriorate following an accident, must be capable of
being removed and replaced easily and in safety. Access to the compo-
nents must enable these tasks to be carried out with the necessary
technical means (tools, measuring instruments, etc.) in accordance with
an operating method specified by the manufacturer.
1.6.2.Access to operating position and servicing points
The manufacturer must provide means of access (stairs, ladders,
catwalks, etc.) to allow access in safety to all areas used for production,
adjustment and maintenance operations.1998L0037 — EN — 07.12.1998 — 001.002 — 20
▼B
1.6.3.Isolation of energy sources
All machinery must be fitted with means to isolate it from all energy
sources. Suchisolators must be clearly identified. Th ey must be capable
of being locked if reconnection could endanger exposed persons. In the
case of machinery supplied with electricity through a plug capable of
being plugged into a circuit, separation of the plug is sufficient.
The isolator must be capable of being locked also where an operator is
unable, from any of the points to which he has access, to check that the
energy is still cut off.
After the energy is cut off, it must be possible to dissipate normally any
energy remaining or stored in the circuits of the machinery without riskto exposed persons.
As an exception to the above requirements, certain circuits may remain
connected to their energy sources in order, for example, to hold parts,
protect information, light interiors, etc. In this case, special steps must
be taken to ensure operator safety.
1.6.4.Operator intervention
Machinery must be so designed, constructed and equipped that the need
for operator intervention is limited.
If operator intervention cannot be avoided, it must be possible to carry
it out easily and in safety.
1.6.5.Cleaning of internal parts
The machinery must be designed and constructed in such a way that it
is possible to clean internal parts which have contained dangerous
substances or preparations without entering them; any necessary
unblocking must also be possible from the outside. If it is absolutely
impossible to avoid entering the machinery, the manufacturer must
take steps during its construction to allow cleaning to take place with
the minimum of danger.
1.7.Indicators
1.7.0.Information devices
The information needed to control machinery must be unambiguous and
easily understood.
It must not be excessive to the extent of overloading the operator.Where the health and safety of exposed persons may be endangered by
a fault in the operation of unsupervised machinery, the machinery must
be equipped to give an appropriate acoustic or light signal as a warning.
1.7.1.Warning devices
Where machinery is equipped with warning devices (such as signals,
etc.), these must be unambiguous and easily perceived.
The operator must have facilities to check the operation of such
warning devices at all times.
The requirements of the specific Directives concerning colours and
safety signals must be complied with.
1.7.2.Warning of residual risks
Where risks remain despite all the measures adopted or in the case of
potential risks which are not evident (e.g. electrical cabinets, radioactive
sources, bleeding of a hydraulic circuit, hazard in an unseen area, etc.),
the manufacturer must provide warnings.
Suchwarnings sh ould preferably use readily understandable pictograms
and/or be drawn up in one of the languages of the country in which the
machinery is to be used, accompanied, on request, by the languages
understood by the operators.
1.7.3.Marking
All machinery must be marked legibly and indelibly with the following
minimum particulars:
— name and address of the manufacturer,
— the CE marking (see Annex III),— designation of series or type,
— serial number, if any,1998L0037 — EN — 07.12.1998 — 001.002 — 21
▼B
— the year of construction.
Furthermore, where the manufacturer constructs machinery intended for
use in a potentially explosive atmosphere, this must be indicated on the
machinery.
Machinery must also bear full information relevant to its type and
essential to its safe use (e.g. maximum speed of certain rotating parts,
maximum diameter of tools to be fitted, mass, etc.).
Where a machine part must be handled during use with lifting equip-
ment, its mass must be indicated legibly, indelibly and unambiguously.
The interchangeable equipment referred to in the third indent of Article
1(2)(a), must bear the same information.
1.7.4.Instructions
(a) All machinery must be accompanied by instructions including at
least the following:
— a repeat of the information with which the machinery is marked,
except the serial number (see 1.7.3) together with any appro-
priate additional information to facilitate maintenance (e.g.
addresses of the importer, repairers, etc.),
— foreseen use of the machinery within the meaning of 1.1.2(c),
— workstation(s) likely to be occupied by operators,
— instructions for safe:
— putting into service,
— use,
— handling, giving the mass of the machinery and its various
parts where they are regularly to be transported separately,
— assembly, dismantling,
— adjustment,
— maintenance (servicing and repair),
— where necessary, training instructions,
— where necessary, the essential characteristics of tools which
may be fitted to the machinery.
Where necessary, the instructions should draw attention to ways in
which the machinery should not be used.
(b) The instructions must be drawn up in one of the Community
languages by the manufacturer or his authorised representative
established in the Community. On being put into service, all
machinery must be accompanied by a translation of the instructions
in the language or languages of the country in which the machinery
is to be used any by the instructions in the original language. This
translation must be done either by the manufacturer or his
authorised representative established in the Community or by the
person introducing the machinery into the language area in ques-
tion. By way of derogation from this requirement, the maintenance
instructions for use by specialised personnel employed by the
manufacturer or his authorised representative established in the
Community may be drawn up in only one of the Community
languages understood by that personnel.
(c) The instructions must contain the drawings and diagrams necessary
for putting into service, maintenance, inspection, checking of
correct operation and, where appropriate, repair of the machinery,
and all useful instructions in particular withregard to safety.
(d) Any literature describing the machinery must not contradict the
instructions as regards safety aspects. The technical documentation
describing the machinery must give information regarding the
airborne noise emissions referred to in (f) and, in the case of
hand-held and/or hand-guided machinery, information regarding
vibration as referred to in 2.2.
(e) Where necessary, the instructions must give the requirements
relating to installation and assembly for reducing noise or vibration
(e.g. use of dampers, type and mass of foundation block, etc.).
(f) The instructions must give the following information concerning
airborne noise emissions by the machinery, either the actual value
or a value established on the basis of measurements made on iden-
tical machinery:
— equivalent continuous A-weighted sound pressure level at work-
stations, where this exceeds 70 dB(A); where this level does not
exceed 70 dB(A), this fact must be indicated,1998L0037 — EN — 07.12.1998 — 001.002 — 22
▼B
— peak C-weighted instantaneous sound pressure value at worksta-
tions, where this exceeds 63 Pa (130 dB in relation to 20 µPa),
— sound power level emitted by the machinery where the equiva-
lent continuous A-weighted sound pressure level at workstations
exceeds 85 dB(A).
In the case of very large machinery, instead of the sound power
level, the equivalent continuous sound pressure levels at specified
positions around the machinery may be indicated.
Where the harmonised standards are not applied, sound levels must
be measured using the most appropriate method for the machinery.
The manufacturer must indicate the operating conditions of the
machinery during measurement and what methods have been used
for the measurement.
Where the workstation(s) are undefined or cannot be defined, sound
pressure levels must be measured at a distance of 1 metre from the
surface of the machinery and at a height of 1,60 metres from the
floor or access platform. The position and value of the maximum
sound pressure must be indicated.
(g) If the manufacturer foresees that the machinery will be used in a
potentially explosive atmosphere, the instructions must give all the
necessary information.
(h) In the case of machinery which may also be intended for use by
non-professional operators, the wording and layout of the instruc-
tions for use, whilst respecting the other essential requirements
mentioned above, must take into account the level of general
education and acumen that can reasonably be expected from such
operators.
2. ESSENTIAL HEALTH AND SAFETY REQUIREMENTS FOR
CERTAIN CATEGORIES OF MACHINERY
2.1.Agri-foodstuffsmachinery
Where machinery is intended to prepare and process foodstuffs (e.g.
cooking, refrigeration, thawing, washing, handling, packaging, storage,
transport or distribution), it must be so designed and constructed as to
avoid any risk of infection, sickness or contagion and the following
hygiene rules must be observed:
(a) materials in contact, or intended to come into contact, withth e
foodstuffs must satisfy the conditions set down in the relevant
Directives. The machinery must be so designed and constructed
that these materials can be clean before each use;
(b) all surfaces including their joinings must be smooth, and must have
neither ridges nor crevices which could harbour organic materials;
(c) assemblies must be designed in sucha way as to reduce projections,
edges and recesses to a minimum. They should preferably be made
by welding or continuous bonding. Screws, screwheads and rivets
may not be used except where technically unavoidable;
(d) all surfaces in contact withth e foodstuffs must be easily cleaned
and disinfected, where possible after removing easily dismantled
parts. The inside surfaces must have curves of a radius sufficient
to allow thorough cleaning;
(e) liquid deriving from foodstuffs as well as cleaning, disinfecting and
rinsing fluids should be able to be discharged from the machine
without impediment (possible in a ‘clean’ position);
(f) machinery must be so designed and constructed as to prevent any
liquids or living creatures, in particular insects, entering, or any
organic matter accumulating in areas that cannot be cleaned (e.g.
for machinery not mounted on feet or casters, by placing a seal
between the machinery and its base, by the use of sealed units,
etc.);
(g) machinery must be so designed and constructed that no ancillary
substances (e.g. lubricants, etc.) can come into contact withfood-
stuffs. Where necessary, machinery must be designed and
constructed so that continuing compliance with this requirement
can be checked.
InstructionsIn addition to the information required in section 1, the instructions
must indicate recommended products and methods for cleaning, disin-1998L0037 — EN — 07.12.1998 — 001.002 — 23
▼B
fecting and rinsing (not only for easily accessible areas but also where
areas to which access is impossible or unadvisable, such as piping, have
to be cleaned in situ).
2.2.Portablehand-heldand/orhand-guidedmachinery
Portable hand-held and/or hand-guided machinery must conform to the
following essential health and safety requirements:
— according to the type of machinery, it must have a supporting
surface of sufficient size and have a sufficient number of handles
and supports of an appropriate size and arranged to ensure the stabi-
lity of the machinery under the operating conditions foreseen by the
manufacturer,
— except where technically impossible or where there is an indepen-
dent control, in the case of handles which cannot be released in
complete safety, it must be fitted withstart and stop controls
arranged in such a way that the operator can operate them without
releasing the handles,
— it must be designed, constructed or equipped to eliminate the risks
of accidental starting and/or continued operation after the operator
has released the handles. Equivalent steps must be taken if this
requirement is not technically feasible,
— portable hand-held machinery must be designed and constructed to
allow, where necessary, a visual check of the contact of the tool
withth e material being processed.
Instructions
The instructions must give the following information concerning vibra-
tions transmitted by hand-held and hand-guided machinery:
— the weighted root mean square acceleration value to which the arms
are subjected, if it exceeds 2,5 m/s2as determined by the appro-
priate test code. Where the acceleration does not exceed 2,5 m/s2,
this must be mentioned.
If there is no applicable test code, the manufacturer must indicate the
measurement methods and conditions under which measurements were
made.
2.3.Machineryforworkingwoodandanalogousmaterials
Machinery for working wood and machinery for working materials with
physical and technological characteristics similar to those of wood, such
as cork, bone, hardened rubber, hardened plastic material and other
similar stiff material must conform to the following essential health
and safety requirements:
(a) the machinery must be designed, constructed or equipped so that
the piece being machined can be placed and guided in safety; where
the piece is hand-held on a work-bench the latter must be suffi-
ciently stable during the work and must not impede the movement
of the piece;
(b) where the machinery is likely to be used in conditions involving the
risk of ejection of pieces of wood, it must be designed, constructed,
or equipped to eliminate this ejection, or, if this is not the case, so
that the ejection does not engender risks for the operator and/or
exposed persons;
(c) the machinery must be equipped with an automatic brake that stops
the tool in a sufficiently short time if there is a risk of contact with
the tool whilst it runs down;
(d) where the tool is incorporated into a non-fully automated machine,
the latter must be so designed and constructed as to eliminate or
reduce the risk of serious accidental injury, for example by using
cylindrical cutter blocks, restricting depthof cut, etc.
3. ESSENTIAL HEALTH AND SAFETY REQUIREMENTS TO
OFFSET THE PARTICULAR HAZARDS DUE TO THE MOBILITY
OF MACHINERY
Machinery presenting hazards due to mobility must be designed and
constructed to meet the requirements set out below.
Risks due to mobility always exist in the case of machinery which is
self-propelled, towed or pushed or carried by other machinery or trac-
tors, is operated in working areas and whose operation requires either1998L0037 — EN — 07.12.1998 — 001.002 — 24
▼B
mobility while working, be it continuous or semi-continuous movement,
between a succession of fixed working positions.
Risks due to mobility may also exist in the case of machinery operated
without being moved, but equipped in such a way as to enable it to be
moved more easily from one place to another (machinery fitted with
wheels, rollers, runners, etc. or placed on gantries, trolleys, etc.).
In order to verify that rotary cultivators and power harrows do not
present unacceptable risks to the exposed persons, the manufacturer or
his authorised representative established within the Community must,
for each type of machinery concerned, perform the appropriate tests or
have such tests performed.
3.1.General
3.1.1.Definition
‘Driver’ means an operator responsible for the movement of machinery.
The driver may be transported by the machinery or may be on foot,
accompanying the machinery, or may be guiding the machinery by
remote control (cables, radio, etc.).
3.1.2.Lighting
If intended by the manufacturer to be used in dark places, self-propelled
machinery must be fitted with a lighting device appropriate to the work
to be carried out, without prejudice to any other regulations applicable
(road traffic regulations, navigation rules, etc.).
3.1.3.Design of machinery to facilitate its handling
During the handling of the machine and/or its parts, there must be no
possibility of sudden movements or of hazards due to instability as
long as the machine and/or its parts are handled in accordance with
the manufacturer's instructions.
3.2.Workstations
3.2.1.Driving position
The driving position must be designed with due regard to ergonomic
principles. There may be two or more driving positions and, in such
cases, eachdriving position must be provided withall th e requisite
controls. Where there is more than one driving position, the machinery
must be designed so that the use of one of them precludes the use of theothers, except in emergency stops. Visibility from the driving position
must be such that the driver can in complete safety for himself and
the exposed persons, operate the machinery and its tools in their
intended conditions of use. Where necessary, appropriate devices must
be provided to remedy hazards due to inadequate direct vision.
Machinery must be so designed and constructed that, from the driving
position, there can be no risk to the driver and operators on board from
inadvertent contact with the wheels or tracks.
The driving position must be designed and constructed so as to avoid
any health risk due to exhaust gases and/or lack of oxygen.
The driving position of ride-on drivers must be so designed and
constructed that a driver's cab may be fitted as long as there is room.
In that case, the cab must incorporate a place for the instructions
needed for the driver and/or operators. The driving position must be
fitted with an adequate cab where there is a hazard due to a dangerous
environment.
Where the machinery is fitted with a cab, this must be designed,
constructed and/or equipped to ensure that the driver has good oper-
ating conditions and is protected against any hazards that might exist
(for instance: inadequate heating and ventilation, inadequate visibility,
excessive noise and vibration, falling objects, penetration by objects,
rolling over, etc.). The exit must allow rapid evacuation. Moreover, an
emergency exit must be provided in a direction which is different from
the usual exit.
The materials used for the cab and its fittings must be fire-resistant.
3.2.2.Seating
The driving seat of any machinery must enable the driver to maintain a
stable position and be designed withdue regard to ergonomic princi-
ples.1998L0037 — EN — 07.12.1998 — 001.002 — 25
▼B
The seat must be designed to reduce vibrations transmitted to the driver
to the lowest level that can be reasonably achieved. The seat mountings
must withstand all stresses to which they can be subjected, notably in
the event of rollover. Where there is no floor beneath the driver's feet,
the driver must have footrests covered with a slip-resistant material.
Where machinery is fitted with provision for a rollover protection struc-
ture, the seat must be equipped with a safety belt or equivalent device
which keeps the driver in his seat without restricting any movements
necessary for driving or any movements caused by the suspension.
3.2.3.Other places
If the conditions of use provide that operators other than the driver are
occasionally or regularly transported by the machinery, or work on it,
appropriate places must be provided which enable them to be trans-
ported or to work on it without risk, particularly the risk of falling.
Where the working conditions so permit, these work places must be
equipped withseats.
Should the driving position have to be fitted with a cab, the other
places must also be protected against the hazards which justified the
protection of the driving position.
3.3.Controls
3.3.1.Control devices
The driver must be able to actuate all control devices required to
operate the machinery from the driving position, except for functions
which can be safely activated only by using control devices located
away from the driving position. This refers in particular to working
positions other than the driving position, for which operators other
than the driver are responsible or for which the driver has to leave his
driving position in order to carry out the manoeuvre in safety.
Where there are pedals they must be so designed, constructed and fitted
to allow operation by the driver in safety with the minimum risk of
confusion; they must have a slip-resistant surface and be easy to clean.
Where their operation can lead to hazards, notably dangerous move-
ments, the machinery's controls, except for those with preset positions,
must return to the neutral position as soon as they are released by the
operator.
In the case of wheeled machinery, the steering system must be designed
and constructed to reduce the force of sudden movements of the
steering wheel or steering lever caused by shocks to the guide wheels.
Any control that locks the differential must be so designed and arranged
that it allows the differential to be unlocked when the machinery is
moving.
The last sentence of section 1.2.2 does not apply to the mobility func-
tion.
3.3.2.Starting/moving
Self-propelled machinery with a ride-on driver must be so equipped as
to deter unauthorised persons from starting the engine.
Travel movements of self-propelled machinery with a ride-on driver
must be possible only if the driver is at the controls.
Where, for operating purposes, machinery must be fitted with devices
which exceed its normal clearance zone (e.g. stabilisers, jib, etc.), the
driver must be provided with the means of checking easily, before
moving the machinery, that such devices are in a particular position
which allows safe movement.
This also applies to all other parts which, to allow safe movement, have
to be in particular positions, locked if necessary.
Where it is technically and economically feasible, movement of the
machinery must depend on safe positioning of the aforementioned parts.
It must not be possible for movement of the machinery to occur while
the engine is being started.
3.3.3.Travelling function
Without prejudice to the provisions of road traffic regulations, self-
propelled machinery and its trailers must meet the requirements for1998L0037 — EN — 07.12.1998 — 001.002 — 26
▼B
slowing down, stopping, braking and immobilisation so as to ensure
safety under all the operating, loading, speed, ground and gradient
conditions allowed for by the manufacturer and corresponding to condi-
tions encountered in normal use.
The driver must be able to slow down and stop self-propelled
machinery by means of a main device. Where safety so requires in the
event of a failure of the main device, or in the absence of the energy
supply to actuate the main device, an emergency device with fully inde-
pendent and easily accessible controls must be provided for slowing
down and stopping.
Where safety so requires, a parking device must be provided to render
stationary machinery immobile. This device may be combined with one
of the devices referred to in the second paragraph, provided that it is
purely mechanical.
Remote-controlled machinery must be designed and constructed to stop
automatically if the driver loses control.
Section 1.2.4 does not apply to the travelling function.
3.3.4.Movement of pedestrian-controlled machinery
Movement of pedestrian-controlled self-propelled machinery must be
possible only through sustained action on the relevant control by the
driver. In particular, it must not be possible for movement to occur
while the engine is being started.
The control systems for pedestrian-controlled machinery must be
designed to minimise the hazards arising from inadvertent movement
of the machine towards the driver. In particular:
(a) crushing;
(b) injury from rotating tools.
Also, the speed of normal travel of the machine must be compatible
withth e pace of a driver on foot.
In the case of machinery on which a rotary tool may be fitted, it must
not be possible to actuate that tool when the reversing control is
engaged, except where movement of the machinery results from move-
ment of the tool. In the latter case, the reversing speed must be such
that it does not endanger the driver.
3.3.5.Control circuit failure
A failure in the power supply to the power-assisted steering, where
fitted, must not prevent machinery from being steered during the time
required to stop it.
3.4.Protection againstmechanicalhazards
3.4.1.Uncontrolled movements
When a part of a machine has been stopped, any drift away from the
stopping position, for whatever reason other than action at the controls,
must be such that it is not a hazard to exposed persons.
Machinery must be so designed, constructed and where appropriate
placed on its mobile support so as to ensure that when moved the
uncontrolled oscillations of its centre of gravity do not affect its stabi-
lity or exert excessive strain on its structure.
3.4.2.Risk of break-up during operation
Parts of machinery rotating at high speed which, despite the measures
taken, may break up or disintegrate, must be mounted and guarded in
such a way that, in case of breakage, their fragments will be contained
or, if that is not possible, cannot be projected towards the driving and/or
operation positions.
3.4.3.Rollover
Where, in the case of self-propelled machinery with a ride-on driver
and possibly ride-on operators, there is a risk of rolling over, the
machinery must be designed for and be fitted with anchorage points
allowing it to be equipped witha rollover protective structure (ROPS).
This structure must be such that in case of rolling over it affords the
ride-on driver and where appropriate the ride-on operators an adequate
deflection-limiting volume (DLV).1998L0037 — EN — 07.12.1998 — 001.002 — 27
▼B
In order to verify that the structure complies with the requirement laid
down in the second paragraph, the manufacturer or his authorised repre-
sentative established within the Community must, for each type of
structure concerned, perform appropriate tests or have such tests
performed.
In addition, the earth-moving machinery listed below with a capacity
exceeding 15 kW must be fitted witha rollover protective structure:
— crawler loaders or wheel loaders,
— backhoe loaders,— crawler tractors or wheel tractors,— scrapers, self-loading or not,
— graders,
— articulated steer dumpers.
3.4.4.Falling objects
Where, in the case of machinery with a ride-on driver and possibly
ride-on operators, there is a risk due to falling objects or material, the
machinery should be designed for, and fitted with, if its size allows,
anchorage points allowing it to be equipped with a falling-object
protective structure (FOPS).
This structure must be such that in the case of falling objects or mate-
rial, it guarantees the ride-on operators an adequate deflection-limiting
volume (DLV).
In order to verify that the structure complies with the requirement laid
down in the second paragraph, the manufacturer or his authorised repre-
sentative established within the Community must, for each type of
structure concerned, perform appropriate tests or have such tests
performed.
3.4.5.Means of access
Handholds and steps must be designed, constructed and arranged in
such a way that the operators use them instinctively and do not use
the controls for that purpose.
3.4.6.Towing devices
All machinery used to tow or to be towed must be fitted with towing or
coupling devices designed, constructed and arranged to ensure easy and
safe connection and disconnection, and to prevent accidental disconnec-
tion during use.
In so far as the towbar load requires, such machinery must be equipped
witha support witha bearing surface suited to th e load and th e ground.
3.4.7.Transmission of power between self-propelled machinery (or tractor)
and recipient machinery
Transmission shafts with universal joints linking self-propelled
machinery (or tractor) to the first fixed bearing of recipient machinerymust be guarded on the self-propelled machinery side and the recipient
machinery side over the whole length of the shaft and associated
universal joints.
On the side of the self-propelled machinery (or tractor), the power take-
off to which the transmission shaft is attached must be guarded either
by a screen fixed to the self-propelled machinery (or tractor) or by any
other device offering equivalent protection.
On the towed machinery side, the input shaft must be enclosed in a
protective casing fixed to the machinery.
Torque limiters or freewheels may be fitted to universal joint transmis-
sions only on the side adjoining the driven machine. The universal-joint
transmission shaft must be marked accordingly.
All towed machinery whose operation requires a transmission shaft to
connect it to self-propelled machinery or a tractor must have a system
for attaching the transmission shaft so that when the machinery is
uncoupled the transmission shaft and its guard are not damaged by
contact with the ground or part of the machinery.
The outside parts of the guard must be so designed, constructed and
arranged that they cannot turn with the transmission shaft. The guard
must cover the transmission shaft to the ends of the inner jaws in the
case of simple universal joints and at least to the centre of the outer
joint or joints in the case of ‘wide-angle’ universal joints.1998L0037 — EN — 07.12.1998 — 001.002 — 28
▼B
Manufacturers providing means of access to working positions near to
the universal joint transmission shaft must ensure that shaft guards as
described in the sixth paragraph cannot be used as steps unless designed
and constructed for that purpose
3.4.8.Moving transmission parts
By way of derogation from section 1.3.8.A, in the case of internal
combustion engines, removable guards preventing access to the moving
parts in the engine compartment need not have locking devices if they
have to be opened either by the use of a tool or key or by a control
located in the driving position if the latter is in a fully enclosed cab
witha lock to prevent unauth orised access.
3.5.Protection againstotherhazards
3.5.1.Batteries
The battery housing must be constructed and located and the battery
installed so as to avoid as far as possible the chance of electrolyte being
ejected on to the operator in the event of rollover and/or to avoid the
accumulation of vapours in places occupied by operators.
Machinery must be so designed and constructed that the battery can be
disconnected withth e aid of an easily accessible device provided for
that purpose.
3.5.2.Fire
Depending on the hazards anticipated by the manufacturer when in use,
machinery must, where its size permits:
— either allow easily accessible fire extinguishers to be fitted,
— or be provided withbuilt-in extinguish er systems.
3.5.3.Emissions of dust, gases, etc.
Where such hazards exist, the containment equipment provided for in
section 1.5.13 may be replaced by other means, for example precipita-
tion by water spraying.
The second and third paragraphs of section 1.5.13 do not apply where
the main function of the machinery is the spraying of products.
3.6.Indications
3.6.1.Signs and warning
Machinery must have means of signalling and/or instruction plates
concerning use, adjustment and maintenance, wherever necessary, to
ensure the health and safety of exposed persons. They must be chosen,
designed and constructed in sucha way as to be clearly visible and
indelible.
Without prejudice to the requirements to be observed for travelling on
the public highway, machinery with a ride-on driver must have the
following equipment:
— an acoustic warning device to alert exposed persons,
— a system of light signals relevant to the intended conditions of use
suchas stop lamps, reversing lamps and rotating beacons. Th e latter
requirement does not apply to machinery intended solely for under-
ground working and having no electrical power.
Remote-controlled machinery which under normal conditions of use
exposes persons to the hazards of impact or crushing must be fitted
withappropriate means to signal its movements or withmeans to
protect exposed persons against such hazards. The same applies to
machinery which involves, when in use, the constant repetition of a
forward and backward movement on a single axis where the back of
the machine is not directly visible to the driver.
Machinery must be so constructed that the warning and signalling
devices cannot all be disabled unintentionally. Where this is essential
for safety, such devices must be provided with the means to check
that they are in good working order and their failure must be made
apparent to the operator.
Where the movement of machinery or its tools is particularly hazar-
dous, signs on the machinery must be provided to warn against
approaching the machinery while it is working; the signs must be
legible at a sufficient distance to ensure the safety of persons who
have to be in the vicinity.1998L0037 — EN — 07.12.1998 — 001.002 — 29
▼B
3.6.2.Marking
The minimum requirements set out in 1.7.3 must be supplemented by
the following:
— nominal power expressed in kW,
— mass in kg of the most usual configuration and, where appropriate:
— maximum drawbar pull provided for by the manufacturer at the
coupling hook, in N,
— maximum vertical load provided for by the manufacturer on the
coupling hook, in N.
3.6.3.Instruction handbook
Apart from the minimum requirements set out in 1.7.4, the instruction
handbook must contain the following information:
(a) regarding the vibrations emitted by the machinery, either the actual
value or a figure calculated from measurements performed on iden-
tical machinery:
— the weighted root mean square acceleration value to which the
arms are subjected, if it exceeds 2,5 m/s2, should it not exceed
2,5 m/s2, this must be mentioned,
— the weighted root mean square acceleration value to which the
body (feet or posterior) is subjected, if it exceeds 0,5 m/s2,
should it not exceed 0,5 m/s2, this must be mentioned.
Where the harmonised standards are not applied, the vibration must
be measured using the most appropriate method for the machinery
concerned.
The manufacturer must indicate the operating conditions of the
machinery during measurement and which methods were used for
taking the measurements;
(b) in the case of machinery allowing several uses depending on the
equipment used, manufacturers of basic machinery to which inter-
changeable equipment may be attached and manufacturers of the
interchangeable equipment must provide the necessary information
to enable the equipment to be fitted and used safely.
4. ESSENTIAL HEALTH AND SAFETY REQUIREMENTS TO
OFFSET THE PARTICULAR HAZARDS DUE TO A LIFTING
OPERATION
Machinery presenting hazards due to lifting operations — mainly
hazards of load falls and collisions or hazards of tipping caused by a
lifting operation — must be designed and constructed to meet the
requirements set out below.
Risks due to a lifting operation exist particularly in the case of
machinery designed to move a unit load involving a change in level
during the movement. The load may consist of objects, materials or
goods.
4.1.Generalremarks
4.1.1.Definitions
(a) ‘lifting accessories’ means components or equipment not attached
to the machine and placed between the machinery and the load or
on the load in order to attach it;
(b) ‘separate lifting accessories’ means accessories which help to make
up or use a slinging device, such as eyehooks, shackles, rings,
eyebolts, etc.;
(c) ‘guided load’ means the load where the total movement is made
along rigid or flexible guides, whose position is determined by
fixed points;
(d) ‘working coefficient’ means the arithmetic ratio between the load
guaranteed by the manufacturer up to which a piece of equipment,
an accessory or machinery is able to hold it and the maximum
working load marked on the equipment, accessory or machinery
respectively;
(e) ‘test coefficient’ means the arithmetic ratio between the load used
to carry out the static or dynamic tests on a piece of equipment,
an accessory or machinery and the maximum working load marked
on the piece of equipment, accessory or machinery;1998L0037 — EN — 07.12.1998 — 001.002 — 30
▼B
(f) ‘static test’ means the test during which the machinery or the lifting
accessory is first inspected and subjected to a force corresponding
to the maximum working load multiplied by the appropriate static
test coefficient and then re-inspected once the said load has been
released to ensure no damage has occurred;
(g) ‘dynamic test’ means the test during which the machinery is oper-
ated in all its possible configurations at maximum working load
with account being taken of the dynamic behaviour of the
machinery in order to check that the machinery and safety features
are functioning properly.
4.1.2.Protection against mechanical hazards
4.1.2.1. Risks due to lack of stability
Machinery must be so designed and constructed that the stability
required in 1.3.1 is maintained bothin service and out of service,
including all stages of transportation, assembly and dismantling, during
foreseeable component failures and also during the tests carried out in
accordance with the instruction handbook.
To that end, the manufacturer or his authorised representative estab-
lished within the Community must use the appropriate verification
methods; in particular, for self-propelled industrial trucks with lift
exceeding 1,80 m, the manufacturer or his authorised representative
established within the Community must, for each type of industrial
truck concerned, perform a platform stability test or similar test, or
have such tests performed.
4.1.2.2. Guide rails and rail tracks
Machinery must be provided with devices which act on the guide rails
or tracks to prevent derailment.
However, if derailment occurs despite suchdevices, or if th ere is a
failure of a rail or of a running component, devices must be provided
which prevent the equipment, component or load from falling or the
machine overturning.
4.1.2.3. Mechanical strength
Machinery, lifting accessories and removable components must be
capable of withstanding the stresses to which they are subjected, both
in and, where applicable, out of use, under the installation and oper-
ating conditions provided for by the manufacturer, and in all relevant
configurations, with due regard, where appropriate, to the effects of
atmospheric factors and forces exerted by persons. This requirement
must also be satisfied during transport, assembly and dismantling.
Machinery and lifting accessories must be designed and constructed so
as to prevent failure from fatigue or wear, taking due account of their
intended use.
The materials used must be chosen on the basis of the working environ-
ments provided for by the manufacturer, with special reference to
corrosion, abrasion, impacts, cold brittleness and ageing.
The machinery and the lifting accessories must be designed and
constructed to withstand the overload in the static tests without perma-
nent deformation or patent defect. The calculation must take account of
the values of the static test coefficient chosen to guarantee an adequate
level of safety: that coefficient has, as a general rule, the following
values:
(a) manually-operated machinery and lifting accessories: 1,5;
(b) other machinery: 1,25.
Machinery must be designed and constructed to undergo, without
failure, the dynamic tests carried out using the maximum working load
multiplied by the dynamic test coefficient. This dynamic test coefficient
is chosen so as to guarantee an adequate level of safety: the coefficient
is, as a general rule, equal to 1,1.
The dynamic tests must be performed on machinery ready to be put
into service under normal conditions of use. As a general rule, the tests
will be performed at the nominal speeds laid down by the manufacturer.
Should the control circuit of the machinery allow for a number of
simultaneous movements (for example, rotation and displacement of
the load), the tests must be carried out under the least favourable condi-
tions, i.e. as a general rule, by combining the movements concerned.1998L0037 — EN — 07.12.1998 — 001.002 — 31
▼B
4.1.2.4. Pulleys, drums, chains or ropes
Pulleys, drums and wheels must have a diameter commensurate with
the size of rope or chains with which they can be fitted.
Drums and wheels must be so designed, constructed and installed that
the ropes or chains with which they are equipped can wind round
without falling off.
Ropes used directly for lifting or supporting the load must not include
any splicing other than at their ends (splicings are tolerated in installa-
tions which are intended from their design to be modified regularly
according to needs of use). Complete ropes and their endings have a
working coefficient chosen so as to guarantee an adequate level of
safety; as a general rule, this coefficient is equal to five.
Lifting chains have a working coefficient chosen so as to guarantee an
adequate level of safety; as a general rule, this coefficient is equal to
four.
In order to verify that an adequate working coefficient has been
attained, the manufacturer or his authorised representative established
within the Community must, for each type of chain and rope used
directly for lifting the load, and for the rope ends, perform the appro-
priate tests or have such tests performed.
4.1.2.5. Separate lifting accessories
Lifting accessories must be sized withdue regard to fatigue and ageing
processes for a number of operating cycles consistent withth eir
expected life-span as specified in the operating conditions for a given
application.
Moreover:
(a) the working coefficient of the metallic rope/rope-end combination
is chosen so as to guarantee an adequate level of safety; this coeffi-
cient is, as a general rule, equal to five. Ropes must not comprise
any splices or loops other than at their ends;
(b) where chains with welded links are used, they must be of the short-
link type. The working coefficient of chains of any type is chosen
so as to guarantee an adequate level of safety; this coefficient is, as
a general rule, equal to four;
(c) the working coefficient for textile ropes or slings is dependent on
the material, method of manufacture, dimensions and use. This
coefficient is chosen so as to guarantee an adequate level of safety;
it is, as a general rule, equal to seven, provided the materials used
are shown to be of very good quality and the method of manufac-
ture is appropriate to the intended use. Should this not be the case,
the coefficient is, as a general rule, set at a higher level in order to
secure an equivalent level of safety.
Textile ropes and slings must not include any knots, connections or
splicing other than at the ends of the sling, except in the case of an
endless sling;
(d) all metallic components making up, or used with, a sling must have
a working coefficient chosen so as to guarantee an adequate level
of safety; this coefficient is, as a general rule, equal to four;
(e) the maximum working capacity of a multilegged sling is deter-
mined on the basis of the safety coefficient of the weakest leg, the
number of legs and a reduction factor which depends on the
slinging configuration;
(f) in order to verify that an adequate working coefficient has been
attained, the manufacturer or his authorised representative estab-
lished within the Community must, for each type of component
reffered to in (a), (b), (c) and (d) perform the appropriate tests or
have such tests performed.
4.1.2.6. Control of movements
Devices for controlling movements must act in such a way that the
machinery on which they are installed is kept safe:
(a) machinery must be so designed or fitted with devices that the
amplitude of movement of its components is kept within the speci-
fied limits. The operation of such devices must, where appropriate,
be preceded by a warning;
(b) where several fixed or rail-mounted machines can be manoeuvred
simultaneously in the same place, with risks of collision, such1998L0037 — EN — 07.12.1998 — 001.002 — 32
▼B
machines must be so designed and constructed as to make it
possible to fit systems enabling these risks to be avoided;
(c) the mechanisms of machinery must be so designed and constructed
that the loads cannot creep dangerously or fall freely and unexpect-
edly, even in the event of partial or total failure of the power
supply or when the operator stops operating the machine;
(d) it must not be possible, under normal operating conditions, to lower
the load solely by friction brake, except in the case of machinery
whose function requires it to operate in that way;
(e) holding devices must be so designed and constructed that inadver-
tent dropping of the loads is avoided.
4.1.2.7. Handling of loads
The driving position of machinery must be located in such a way as to
ensure the widest possible view of trajectories of the moving parts, in
order to avoid possible collisions withpersons or equipment or oth er
machinery which might be manoeuvring at the same time and liable to
constitute a hazard.
Machinery with guided loads fixed in one place must be designed and
constructed so as to prevent exposed persons from being hit by the load
or the counter-weights.
4.1.2.8. Lightning
Machinery in need of protection against the effects of lightning while
being used must be fitted witha system for conducting th e resultant
electrical charges to earth.
4.2.Special requirements for machinery whose power source is other
thanmanualeffort
4.2.1.Controls
4.2.1.1. Driving position
The requirements laid down in section 3.2.1 also apply to non-mobile
machinery.
4.2.1.2. Seating
The requirements laid down in section 3.2.2, first and second para-
graphs, and those laid down in section 3.2.3 also apply to non-mobile
machinery.
4.2.1.3. Control devices
The devices controlling movements of the machinery or its equipment
must return to their neutral position as soon as they are released by the
operator. However, for partial or complete movements in which there is
no risk of the load or the machinery colliding, the said devices may be
replaced by controls authorising automatic stops at preselected levels
without holding a hold-to-run control device.
4.2.1.4. Loading control
Machinery with a maximum working load of not less than 1000 kilo-
grams or an overturning moment of not less than 40000 Nm must be
fitted withdevices to warn th e driver and prevent dangerous move-
ments of the load in the event of:
— overloading the machinery:
— either as a result of maximum working loads being exceeded, or
— as a result of the moments due to the loads being exceeded,
— the moments conducive to overturning being exceeded as a result of
the load being lifted.
4.2.2.Installation guided by cables
Cable carriers, tractors or tractor carriers must be held by counter-
weights or by a device allowing permanent control of the tension.
4.2.3.Risks to exposed persons. Means of access to driving position and inter-
vention points
Machinery with guided loads and machinery whose load supports
follow a clearly defined pathmust be equipped withdevices to prevent
any risks to exposed persons.
Machinery serving specific levels at which operators can gain access to
the load platform in order to stack or secure the load must be designed1998L0037 — EN — 07.12.1998 — 001.002 — 33
▼B
and constructed to prevent uncontrolled movement of the load platform,
in particular while being loaded or unloaded.
4.2.4.Fitness for purpose
When machinery is placed on the market or is first put into service, the
manufacturer or his authorised representative established within the
Community must ensure, by taking appropriate measures or having
them taken, that lifting accessories and machinery which are ready for
use — whether manually or power-operated — can fulfil their specified
functions safely. The said measures must take into account the static
and dynamic aspects of the machinery.
Where the machinery cannot be assembled in the manufacturer's
premises, or in the premises of his authorised representative established
within the Community, appropriate measures must be taken at the place
of use. Otherwise, the measures may be taken either in the manufac-
turer's premises or at the place of use.
4.3.Marking
4.3.1.Chains and ropes
Eachlengthof lifting ch ain, rope or webbing not forming part of an
assembly must bear a mark or, where this is not possible, a plate or
irremovable ring bearing the name and address of the manufacturer or
his authorised representative established in the Community and the
identifying reference of the relevant certificate.
The certificate should show the information required by the harmonised
standards or, should those not exist, at least the following information:
— the name of the manufacturer or his authorised representative estab-
lished within the Community,
— the address within the Community of the manufacturer or his
authorised representative, as appropriate,
— a description of the chain or rope which includes:
— its nominal size,
— its construction,— the material from which it is made, and— any special metallurgical treatment applied to the material,
— if tested, the standard used,— a maximum load to which the chain or rope should be subjected in
service. A range of values may be given for specified applications.
4.3.2.Lifting accessories
All lifting accessories must show the following particulars:
— identification of the manufacturer,
— identification of the material (e.g. international classification) where
this information is needed for dimensional compatibility,
— identification of the maximum working load,
— CE marking.
In the case of accessories including components such as cables or ropes,
on which marking is physically impossible, the particulars referred to in
the first paragraph must be displayed on a plate or by some other means
and securely affixed to the accessory.
The particulars must be legible and located in a place where they are
not liable to disappear as a result of machining, wear, etc., or jeopardise
the strength of the accessory.
4.3.3.Machinery
In addition to the minimum information provided for in 1.7.3, each
machine must bear, legibly and indelibly, information concerning the
nominal load:
(i) displayed in uncoded form and prominently on the equipment in
the case of machinery which has only one possible value;
(ii) where the nominal load depends on the configuration of the
machine, each driving position must be provided with a load plate
indicating, preferably in diagrammatic form or by means of tables,
the nominal loads for each configuration.
Machinery equipped with a load support which allows access to persons
and involves a risk of falling must bear a clear and indelible warning1998L0037 — EN — 07.12.1998 — 001.002 — 34
▼B
prohibiting the lifting of persons. This warning must be visible at each
place where access is possible.
4.4.Instructionhandbook
4.4.1.Lifting accessories
Eachlifting accessory or eachcommercially indivisible batchof lifting
accessories must be accompanied withan instruction h andbook setting
out at least the following particulars:
— normal conditions of use,
— instructions for use, assembly and maintenance,— the limits of use (particularly for the accessories which cannot
comply with4.1.2.6(e)).
4.4.2.Machinery
In addition to section 1.7.4, the instruction handbook must include the
following information:
(a) the technical characteristics of the machinery, and in particular:
— where appropriate, a copy of the load table described in section
4.3.3(ii),
— the reactions at the supports or anchors and characteristics of
the tracks,
— where appropriate, the definition and the means of installation
of the ballast;
(b) the contents of the logbook, if the latter is not supplied with the
machinery;
(c) advice for use, particularly to offset the lack of direct sight of the
load by the operator;
(d) the necessary instructions for performing the tests before first
putting into service machinery which is not assembled on the
manufacturer's premises in the form in which it is to be used.
5. ESSENTIAL HEALTH AND SAFETY REQUIREMENTS FOR
MACHINERY INTENDED FOR UNDERGROUND WORK
Machinery intended for underground work must be designed and
constructed to meet the requirements set out below.
5.1.Risksduetolackofstability
Powered roof supports must be so designed and constructed as to main-
tain a given direction when moving and not slip before and while they
come under load and after the load has been removed. They must be
equipped with anchorages for the top plates of the individual hydraulic
props.
5.2.Movement
Powered roof supports must allow for unhindered movement of exposed
persons.
5.3.Lighting
The requirements laid down in the third paragraph of section 1.1.4 do
not apply.
5.4.Controldevices
The accelerator and brake controls for the movement of machinery
running on rails must be manual. The deadman's control may be foot-
operated, however.
The control devices of powered roof supports must be designed and laid
out so that, during displacement operations, operators are sheltered by a
support in place. The control devices must be protected against any
accidental release.
5.5.Stopping
Self-propelled machinery running on rails for use in underground work
must be equipped witha deadman's control acting on th e circuit
controlling the movement of the machinery.1998L0037 — EN — 07.12.1998 — 001.002 — 35
▼B
5.6.Fire
The second indent of 3.5.2 is mandatory in respect of machinery which
comprises highly flammable parts.
The braking system of machinery meant for use in underground
working must be designed and constructed so as not to produce sparks
or cause fires.
Machinery with heat engines for use in underground working must be
fitted only withinternal combustion engines using fuel witha low
vaporising pressure and which exclude any spark of electrical origin.
5.7.Emissionsofdust,gases,etc.
Exhaust gases from internal combustion engines must not be discharged
upwards.
6. ESSENTIAL HEALTH AND SAFETY REQUIREMENTS TO
OFFSET THE PARTICULAR HAZARDS DUE TO THE LIFTING
OR MOVING OF PERSONS
Machinery presenting hazards due to the lifting or moving of persons
must be designed and constructed to meet the requirements set out
below.
6.1.General
6.1.1.Definition
For the purposes of this Chapter, ‘carrier’ means the device by which
persons are supported in order to be lifted, lowered or moved.
6.1.2.Mechanical strength
The working coefficients defined in heading 4 are inadequate for
machinery intended for the lifting or moving of persons and must, as a
general rule, be doubled. The floor of the carrier must be designed and
constructed to offer the space and strength corresponding to the
maximum number of persons and the maximum working load set by
the manufacturer.
6.1.3.Loading control for types of device moved by power other than human
strength
The requirements of 4.2.1.4 apply regardless of the maximum working
load figure. This requirement does not apply to machinery in respect of
which the manufacturer can demonstrate that there is no risk of over-
loading and/or overturning.
6.2.Controls
6.2.1. Where safety requirements do not impose other solutions:
The carrier must, as a general rule, be designed and constructed so that
persons inside have means of controlling movements upwards and
downwards and, if appropriate, of moving the carrier horizontally in
relation to the machinery.
In operation, those controls must override the other devices controlling
the same movement, with the exception of the emergency stop devices.
The controls for these movements must be of the maintained command
type, except in the case of machinery serving specific levels.
6.2.2. If machinery for the lifting or moving of persons can be moved with
the carrier in a position other than the rest position, it must be designed
and constructed so that the person or persons in the carrier have the
means of preventing hazards produced by the movement of the
machinery.
6.2.3. Machinery for the lifting or moving of persons must be designed,
constructed or equipped so that excess speeds of the carrier do not
cause hazards.
6.3.Risksofpersonsfallingfromthecarrier
6.3.1. If the measures referred to in 1.1.15 are not adequate, carriers must be
fitted with a sufficient number of anchorage points for the number of
persons possibly using the carrier, strong enough for the attachment of
personal protective equipment against the danger of falling.1998L0037 — EN — 07.12.1998 — 001.002 — 36
▼B
6.3.2. Any trapdoors in floors or ceilings or side doors must open in a direc-
tion which obviates any risk of falling should they open unexpectedly.
6.3.3. Machinery for lifting or moving must be designed and constructed to
ensure that the floor of the carrier does not tilt to an extent which
creates a risk of the occupants falling, including when moving.
The floor of the carrier must be slip-resistant.
6.4.Risksofthecarrier fallingoroverturning
6.4.1. Machinery for the lifting or moving of persons must be designed and
constructed to prevent the carrier falling or overturning.
6.4.2. Acceleration and braking of the carrier or carrying vehicle, under the
control of the operator or triggered by a safety device and under the
maximum load and speed conditions laid down by the manufacturer,
must not cause any danger to exposed persons.
6.5.Markings
Where necessary to ensure safety, the carrier must bear the relevant
essential information.1998L0037 — EN — 07.12.1998 — 001.002 — 37
▼B
ANNEX II
A.ContentsoftheECdeclarationofconformityformachinery (1)
The EC declaration of conformity must contain the following particulars:
— name and address of the manufacturer or his authorised representative
established in the Community(2),
— description of the machinery(3),
— all relevant provisions complied with by the machinery,— where appropriate, name and address of the notified body and number of
the EC type-examination certificate,
— where appropriate, the name and address of the notified body to which
the file has been forwarded in accordance with the first indent of Article
8(2)(c),
— where appropriate, the name and address of the notified body which has
carried out the verification referred to in the second indent of Article
8(2)(c),
— where appropriate, a reference to the harmonised standards,— where appropriate, the national technical standards and specifications
used,
— identification of the person empowered to sign on behalf of the manufac-
turer or his authorised representatives.
B.Contents of the declaration by the manufacturer or his authorised
representativesestablishedintheCommunity(Article4(2))
The manufacturer's declaration referred to in Article 4(2) must contain the
following particulars:
— name and address of the manufacturer or the authorised representative,
— description of the machinery or machinery parts,— where appropriate, the name and address of the notified body and the
number of the EC type-examination certificate,
— where appropriate, the name and address of the notified body to which
the file has been forwarded in accordance with the first indent of Article
8(2)(c),
— where appropriate, the name and address of the notified body which has
carried out the verification referred to in the second indent of Article
8(2)(c),
— where appropriate, a reference to the harmonised standards,
— a statement that the machinery must not be put into service until the
machinery into which it is to be incorporated has been declared in
conformity with the provisions of the Directive,
— identification of the person signing.
C.Contents of the EC declaration of conformity for safety components
placedonthemarketseparately (
1)
The EC declaration of conformity must contain the following particulars:
— name and address of the manufacturer or his authorised representative
established in the Community (2),
— description of the safety component(4),
— safety function fulfilled by the safety component, if not obvious from the
description,
— where appropriate, the name and address of the notified body and the
number of the EC type-examination certificate,
— where appropriate, the name and address of the notified body to which
the file was forwarded in accordance with the first indent of Article
8(2)(c),1998L0037 — EN — 07.12.1998 — 001.002 — 38
(1) This declaration must be drawn up in the same language as the original instructions
(see Annex I, section 1.7.4(b)) and must be either typewritten or handwritten in blockcapitals. It must be accompanied by a translation in one of the official languages of the
country in which the machinery is to be used. This translation must be done in accor-
dance with the same conditions as for the translation of the instructions.
(
2) Business name and full address; authorised representatives must also give the business
name and address of the manufacturer.
(3) Description of the machinery (make, type, serial number, etc.).
(4) Description of the safety component (make, type, serial number, if any, etc.).
▼B
— where appropriate, the name and address of the notified body which
carried out the verification referred to in the second indent of Article
8(2)(c),
— where appropriate, a reference to the harmonised standards,
— where appropriate, the national technical standards and specifications
used,
— identification of the person empowered to sign on behalf of the manufac-
turer or his authorised representative established in the Community.1998L0037 — EN — 07.12.1998 — 001.002 — 39
▼B
ANNEX III
CECONFORMITYMARKING
— The CE conformity marking shall consist of the initials ‘CE’ taking the
following form:
— if the CE marking is reduced or enlarged the proportions given in the above
drawing must be respected,
— the various components of the CE marking must have substantially the same
vertical dimension, which may not be less than 5 mm. This minimum
dimension may be waived for small-scale machinery.1998L0037 — EN — 07.12.1998 — 001.002 — 40
▼B
ANNEX IV
TYPES OF MACHINERY AND SAFETY COMPONENTS FOR WHICH
THE PROCEDURE REFERRED TO IN ARTICLE 8(2)(b) AND (c)
MUSTBEAPPLIED
A.Machinery
1. Circular saws (single or multi-blade) for working withwood and analo-
gous materials or for working withmeat and analogous materials.
1.1. Sawing machines with fixed tool during operation, having a fixed bed
withmanual feed of th e workpiece or witha demountable power feed.
1.2. Sawing machines with fixed tool during operation, having a manually
operated reciprocating saw-benchor carriage.
1.3. Sawing machines with fixed tool during operation, having a built-in
mechanical feed device for the work-pieces, with manual loading and/
or unloading.
1.4. Sawing mach ines withmovable tool during operation, witha mech an-
ical feed device and manual loading and/or unloading.
2. Hand-fed surface planing machines for woodworking.
3. Thicknessers for one-side dressing with manual loading and/or
unloading for woodworking.
4. Band-saws witha fixed or mobile bed and band-saws witha mobile
carriage, withmanual loading and/or unloading, for working with
wood and analogous materials or for working withmeat and analogous
materials.
5. Combined machines of the types referred to in 1 to 4 and 7 for working
withwood and analogous materials.
6. Hand-fed tenoning machines with several tool holders for wood-
working.
7. Hand-fed vertical spindle moulding machines for working with wood
and analogous materials.
8. Portable chainsaws for woodworking.9. Presses, including press-brakes, for the cold working of metals, with
manual loading and/or unloading, whose movable working parts may
have a travel exceeding 6 mm and a speed exceeding 30 mm/s.
10. Injection or compression plastics-moulding machines with manual
loading or unloading.
11. Injection or compression rubber-moulding machines with manual
loading or unloading.
12. Machinery for underground working of the following types:
— machinery on rails: locomotivies and brake-vans,
— hydraulic-powered roof supports,
— internal combustion engines to be fitted to machinery for under-
ground working.
13. Manually-loaded trucks for the collection of household refuse incorpor-
ating a compression mechanism.
14. Guards and detachable transmission shafts with universal joints as
described in section 3.4.7.
15. Vehicles servicing lifts.16. Devices for the lifting of persons involving a risk of falling from a
vertical height of more than three metres.
17. Machines for the manufacture of pyrotechnics.
B.Safetycomponents
1. Electro-sensitive devices designed specifically to detect persons in order
to ensure their safety (non-material barriers, sensor mats, electromagnetic
detectors, etc.).
2. Logic units which ensure the safety functions of bimanual controls.1998L0037 — EN — 07.12.1998 — 001.002 — 41
▼B
3. Automatic movable screens to protect the presses referred to in 9, 10 and
11.
4. Roll-over protection structures (ROPS).
5. Falling-object protective structures (FOPS).1998L0037 — EN — 07.12.1998 — 001.002 — 42
▼B
ANNEX V
ECDECLARATIONOFCONFORMITY
For the purposes of this Annex, ‘machinery’ means either ‘machinery’ or ‘safety
component’ as defined in Article 1(2).
1. The EC declaration of conformity is the procedure by which the manufac-
turer, or his authorised representative established in the Community declares
that the machinery being placed on the market complies with all the essential
health and safety requirements applying to it.
2. Signature of the EC declaration of conformity authorises the manufacturer, or
his authorised representative in the Community, to affix the CE marking to
the machinery.
3. Before drawing up the EC declaration of conformity, the manufacturer, or his
authorised representative in the Community, shall have ensured and be able
to guarantee that the documentation listed below is and will remain available
on his premises for any inspection purposes:
(a) a technical construction file comprising:
— an overall drawing of the machinery together with drawings of the
control circuits,
— full detailed drawings, accompanied by any calculation notes, test
results, etc., required to check the conformity of the machinery with
the essential health and safety requirements,
— a list of:
— the essential requirements of this Directive,
— standards, and
— other technical specifications, which were used when the
machinery was designed,
— a description of methods adopted to eliminate hazards presented by
the machinery,
— if he so desires, any technical report or certificate obtained from a
competent body or laboratory(1),
— if he declares conformity with a harmonised standard which provides
therefor, any technical report giving the results of tests carried out at
his choice either by himself or by a competent body or laboratory (1),
— a copy of the instructions for the machinery;
b) for series manufacture, the internal measures that will be implemented to
ensure that the machinery remains in conformity with the provisions of
the Directive.
The manufacturer must carry out necessary research or tests on components,
fittings or the completed machine to determine whether by its design or
construction, the machine is capable of being erected and put into service
safely.
Failure to present the documentation in response to a duly substantiated
request by the competent national authorities may constitute sufficient
grounds for doubting the presumption of conformity with the requirements
of the Directive.
4. (a) The documentation referred to in 3 above need not permanently exist in a
material manner but it must be possible to assemble it and make it avail-
able within a period of time commensurate with its importance.
It does not have to include detailed plans or any other specific informa-
tion as regards the sub-assemblies used for the manufacture of the
machinery unless a knowledge of them is essential for verification of
conformity withth e basic safety requirements.
(b) The documentation referred to in 3 above shall be retained and kept
available for the competent national authorities for at least 10 years
following the date of manufacture of the machinery or of the last unit
produced, in the case of series manufacture.
(c) The documentation referred to in 3 above shall be drawn up in one of the
official languages of the Communities, with the exception of the instruc-
tions for the machinery.1998L0037 — EN — 07.12.1998 — 001.002 — 43
(1) A body or laboratory is presumed competent if it meets the assessment criteria laid
down in the relevant harmonised standards.
▼B
ANNEX VI
ECTYPE-EXAMINATION
For the purposes of this Annex, ‘machinery’ means either ‘machinery’ or ‘safety
component’ as defined in Article 1(2).
1. EC type-examination is the procedure by which a notified body ascertains
and certifies that an example of machinery satisfies the provisions of this
Directive which apply to it.
2. The application for EC type-examination shall be lodged by the manufacturer
or by his authorised representative established in the Community, with a
single notified body in respect of an example of the machinery.
The application shall include:
— the name and address of the manufacturer or his authorised representative
established in the Community and the place of manufacture of the
machinery,
— a technical file comprising at least:
— an overall drawing of the machinery together with drawings of the
control circuits,
— full detailed drawings, accompanied by any calculation notes, test
results, etc., required to check the conformity of the machinery with
the essential health and safety requirements,
— a description of methods adopted to eliminate hazards presented by
the machinery and a list of standards used,
— a copy of the instructions for the machinery,— for series manufacture, the internal measures that will be implemented
to ensure that the machinery remains in conformity with the provi-
sions of the Directive.
It shall be accompanied by a machine representative of the production
planned or, where appropriate, a statement of where the machine may be
examined.
The documentation referred to above does not have to include detailed plans
or any other specific information as regards the sub-assemblies used for the
manufacture of the machinery unless a knowledge of them is essential for
verification of conformity withth e basic safety requirements.
3. The notified body shall carry out the EC type-examination in the manner
described below:
— it shall examine the technical construction file to verify its appropriate-
ness and the machine supplied or made available to it,
— during the examination of the machine, the body shall:
(a) ensure that it has been manufactured in conformity with the technical
construction file and may safely be used under its intended working
conditions;
(b) check that standards, if used, have been properly applied;
(c) perform appropriate examinations and tests to check that the machine
complies with the essential health and safety requirements applicable
to it.
4. If the example complies with the provisions applicable to it the body shall
draw up an EC type-examination certificate which shall be forwarded to the
applicant. That certificate shall state the conclusions of the examination, indi-
cate any conditions to which its issue may be subject and be accompanied by
the descriptions and drawings necessary for identification of the approved
example.
The Commission, the Member States and the other approved bodies may
obtain a copy of the certificate and, on a reasoned request, a copy of the
technical construction file and of the reports on the examinations and tests
carried out.
5. The manufacturer or his authorised representative established in the Commu-
nity shall inform the notified body of any modifications, even of a minor
nature, which he has made or plans to make to the machine to which the
example relates. The notified body shall examine those modifications and
inform the manufacturer or his authorised representative established in the
Community whether the EC type-examination certificate remains valid.
6. A body which refuses to issue an EC type-examination certificate shall so
inform the other notified bodies. A body which withdraws an EC type-exam-1998L0037 — EN — 07.12.1998 — 001.002 — 44
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ination certificate shall so inform the Member State which notified it. The
latter shall inform the other Member States and the Commission thereof,
giving the reasons for the decision.
7. The files and correspondence referring to the EC type-examination proce-
dures shall be drawn up in an official language of the Member State where
the notified body is established or in a language acceptable to it.1998L0037 — EN — 07.12.1998 — 001.002 — 45
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ANNEX VII
MINIMUM CRITERIA TO BE TAKEN INTO ACCOUNT BY MEMBER
STATESFORTHENOTIFICATIONOFBODIES
For the purposes of this Annex, ‘machinery’ means either ‘machinery’ or ‘safety
component’ as defined in Article 1(2).
1. The body, its director and the staff responsible for carrying out the verifica-
tion tests shall not be the designer, manufacturer, supplier or installer of
machinery which they inspect, nor the authorised representative of any of
these parties. They shall not become either involved directly or as authorised
representatives in the design, construction, marketing or maintenance of the
machinery. This does not preclude the possibility of exchanges of technical
information between the manufacturer and the body.
2. The body and its staff shall carry out the verification tests with the highest
degree of professional integrity and technical competence and shall be free
from all pressures and inducements, particularly financial, which might influ-
ence their judgement or the results of the inspection, especially from persons
or groups of persons withan interest in th e result of verifications.
3. The body shall have at its disposal the necessary staff and possess the neces-
sary facilities to enable it to perform properly the administrative and
technical tasks connected with verification; it shall also have access to the
equipment required for special verification.
4. The staff responsible for inspection shall have:
— sound technical and professional training,
— satisfactory knowledge of the requirements of the tests they carry out and
adequate experience of suchtests,
— the ability to draw up the certificates, records and reports required to
authenticate the performance of the tests.
5. The impartiality of inspection staff shall be guaranteed. Their remuneration
shall not depend on the number of tests carried out or on the results of such
tests.
6. The body shall take out liability insurance unless its liability is assumed by
the State in accordance with national law, or the Member State itself is
directly responsible for the tests.
7. The staff of the body shall be bound to observe professional secrecy with
regard to all information gained in carrying out its tasks (except vis-à-vis
the competent administrative authorities of the State in which its activities
are carried out) under this Directive or any provision of national law giving
effect to it.1998L0037 — EN — 07.12.1998 — 001.002 — 46
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ANNEX VIII
PartA
Repealed Directives
(referred to by Article 14)
Directive 89/392/EEC and its following amendments:
— Directive 91/368/EEC only Article 1
— Directive 93/44/EEC
— Directive 93/68/EEC only Article 6
PartB
List of deadlines for transposition into and application in national law
(referred to by Article 14)
Directive Deadline for transposition Date of application
Directive 89/392/EEC (OJ L 183,
29.6.1989, p. 9)1 January 1992 Starting from 1 January 1993; for
the products referred to by Direc-
tives 86/295/EEC, 86/296/EEC
and 86/663EEC: starting from 1
July 1995 (1)
Directive 91/368/EEC (OJ L 198,
22.7.1991, p. 16)1 January 1992 Starting from 1 January 1993
Directive 93/44/EEC (OJ L 175,
19.7.1993, p. 12)1 July 1994 — Starting from 1 January
1995(2)
— Starting from 1 July 1994(2)
— Article 1(10), withth e
exception of points (a), (b)
and (q)
— Article 1(11)(a) and (b)— Article 1(12)(c), (d), (e)
and (f)
Directive 93/68/EEC (OJ L 220,
30.8.1993, p. 1)1 July 1994 Starting from 1 January 1995(
3)
(1) For the period ending on 31 December 1994, the Member States should have authorised, except for the products
referred to by Directives 86/295/EEC, 86/296/EEC and 86/663/EEC for which this period was ending on 31December 1995, the placing on the market and putting into service of machinery which comply with the nationalprovisions in force in their territories on 31 December 1992.
(
2) For the period ending on 31 December 1996, the Member States shall allow the placing on the market and
putting into service of machinery for the lifting or moving of persons as well as safety components which
comply with the national provisions in force in their territories on 14 June 1993.
(3) Until 1 January 1997 Member States shall allow the placing on the market and putting into service of products
which comply with the marking arrangements in force before 1 January 1995.1998L0037 — EN — 07.12.1998 — 001.002 — 47
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ANNEX IX
CORRELATIONTABLE
Directive 89/392/EEC This Directive
Article 1(1) Article 1(1)
Article 1(2), first subparagraphArticle 1(2), point (a), first indent
Article 1(2), second subparagraphArticle 1(2), point (a), second indent
Article 1(2), third subparagraph Article 1(2), point (a), third indent
Article 1(2), fourthsubparagraph Article 1(2), point (b)
Article 1(3) Article 1(3)
Article 1(4) Article 1(4)
Article 1(5) Article 1(5)
Article 2 Article 2
Article 3 Article 3
Article 4 Article 4Article 5 Article 5
Article 6 Article 6
Article 7 Article 7
Article 8(1) Article 8(1)
Article 8(2) Article 8(2)
Article 8(3) Article 8(3)
Article 8(4) Article 8(4)
Article 8(4a) Article 8(5)
Article 8(5) Article 8(6)
Article 8(6) Article 8(7)
Article 8(7) Article 8(8)
Article 9 Article 9
Article 10 Article 10
Article 11 Article 11
Article 12 Article 12
Article 13(1) —
Article 13(2) —
Article 13(3) Article 13(1)
Article 13(4) Article 13(2)— Article 14
— Article 15
— Article 16
Annex I Annex I
Annex II Annex II
Annex III Annex III
Annex IV Annex IV
Annex V Annex V
Annex VI Annex VI
Annex VII Annex VII
— Annex VIII
— Annex IX1998L0037 — EN — 07.12.1998 — 001.002 — 48