COMMISSION OF THE EUROPEAN COMVÏUNITIES 
C0M(91) 167 final - SYN 233 
Brussels, 17 May 1991 
Re-examined proposal for a 
COUNCIL DIRECTIVE 
amending Directive 89/392/EEC 
on the approximation of the laws of 
the Member States 
relating to machinery 
(presented by the Commission pursuant to Article 149.2(d) 
of the EEC treaty) 
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EXPLANATORY MEMORANDUM 
On 17 April 1991 Parliament accepted the common position 
adopted by the Council on 13 December 1990 and proposed a 
number of amendments. 
This proposal takes into account the amendments proposed by 
Parliament which the Commission considers can be accepted. 
The annex contains the amendments proposed by Parliament 
which the Commission has not accepted, together with its 
opinion t her eon. 
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Re-examined proposai for a Council Directive 
amending Directive 89/392/EEC 
on the approximation of the laws of 
the Member States 
relating to machinery 
In view of the opinion on the proposal for a Council 
Directive amending Directive 89/392/EEC on the approximation 
of the laws of the Member States relating to machinery,2 
adopted by the European Parliament, on second reading on 
17 April,1 the Commission has decided to amend the proposal 
for a second time as fol lows: 
1. The third, fourth and fifth indents of Article 1(5) are 
replaced by the following: 
"Member States shall apply the measures in question 
with effect from 1 January 1993, except as regards the 
equipment referred to in Directives 86/295/EEC,3 
86/296/EEC4 and 86/663/EEC,5 for which these 
provisions shall apply from 1 July 1994. 
2 Common position adopted by the Counci 
pub I i shed. 
1 Not yet pub I i shed. 
3 OJ No L 186, 8.7.1986, p. 1. 
4 OJ No L 186, 8.7.1986, p. 10. 
5 OJ No L 384, 31.12.1986, p. 12. on 13 December 1990, not 
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2. Furthermore, Member States shall allow machinery 
complying with the national regulations in force on 
their territory on 31 December 1992 to be marketed and 
put Into service during the period ending on 
31 December 1994. 
With effect from 1 July 1994 Directives 86/295/EEC, 
86/296/EEC and 86/663/EEC shall not impede the 
Implementation of paragraph 1." 
The f i rst I ine of Art IcIe 2 
fol I ow i ng: i s replaced by the 
"The following 
31 December 1994:" sha I I be r epea led as f r om 
The second indent of point 3.3.3 in Annex 
by the fo I I ow i ng: is replaced 
"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 if there is no energy supply to 
actuate the main device, an emergency device with fully 
independent and easily accessible controls must be 
provided for slowing down and stopping." 
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4. The first Indent of point 4.2.4 in Annex l is replaced 
by the fol IowIng: 
"When either manually or power-operated machines and 
lifting accessories which are ready for use are 
marketed or first put into service, their manufacturer 
or his authorized representative established within the 
Community must ensure, by taking appropriate measures 
or having such taken, that they can perform their 
specified functions in complete safety. Said measures 
must take account of the static and dynamic aspects of 
the mach Inery." 
•e- -6i -
ANNEX 
In addition to the amendments taken into account In the 
re-examined proposal/ Parliament proposed two further 
amendments. The Commission has re-examined the proposal and 
decided not to accept these amendments for the following 
reasons : 
1. Amendment of the second Indent of ArtIc1« 1(1 )(b) : 
Common pos it Ion Amendment 
"- the second indent shall be Deleted -
replaced by the following: 
"-lifting equipment designed and 
constructed for raising and/or 
moving persons with or without loads, 
except for industrial handling 
trucks with an elevating 
operator's position"." 
Machinery for lifting persons requires essential safety 
requirements additional to those laid down for lifting loads 
(requirements regarding the car, the control circuits, 
etc.). 
it is accordingly not acceptable to include such machinery 
in the proposal without amending the essential requirements. 
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Later this year the Commission will present a second 
amendment to Directive 89/392/EEC In order to include 
machinery for lifting persons, and a separate Directive 
for lifts permanently ' instaI led In buildings. 
2. Amendment of point 4.1.2.4, paragraph 5, in Annex I: 
Common posItI on Amendment 
"The manufacturer or his authorized Deleted. 
representative established within 
the Community must, for each type of 
chain and rope used directly for 
lifting the load, and for the rope 
ends, conduct appropriate tests or 
have such tests performed in order 
to verify that an adequate working 
coefficient has been attained." 
The proposal for a Directive put forward by the Commission 
(COW(89> 624 final - SYN 233) provided for the ropes and 
chains to be included in the list contained in Annex IV 
(equipment for which EC type-examination is compulsory). 
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The Council having deleted this obligation and replaced it 
by point 4.1.2.4, paragraph 5 Its deletion cannot be 
accepted by the Commission, since it is essential that the 
manufacturer or the person appointed by him verifies that 
such equipment provides a high level of safety; this 
examination is to be carried out on each type of equipment 
and not on each item. 
In view of the above, the Commission retains the text on 
which the Council adopted Its common position on 
13 December 1990. 
ISSN 0254-1475 
COM(91) 167 final 
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