No C 37/8 Official Journal of the European Communities 14. 2. 89 
Amendment to the proposal for a Council Directive on the approximation of the laws of the 
Member States relating to machinery (') 
COM(88) 837 final — SYN 107 
(Submitted by the Commission pursuant to Article 149 (3) of the EEC Treaty on 20 December 
1988) 
(89/C 37/07) 
Following upon the opinion expressed by the European 
Parliament at its first reading in the context of the 
cooperation procedure, on the proposal for a Council 
Directive on the approximation of the laws of the 
Member States relating to machinery (2), which the 
Commission transmitted to the Council, the Commission 
has decided to amend its proposal a second time, as 
follows: 
1. The last indent of Article 1 (3) is replaced by the 
following: 
'— all machinery corresponding to the above 
definition and covered by an EEC Directive 
containing essential health and safety 
requirements or technical design and 
construction requirements relating to health and 
safety in respect of the hazards covered by such 
a Directive.' 
2. Replace Article 5(1) with the following: 
'1. Member States shall presume conformity with 
the essential health arid safety requirements referred 
to in Article 3 in respect of machinery bearing the 
EC mark and accompanied by an EC declaration of 
conformity issued by the manufacturer or his auth­
orized representative established in the Community.' 
3. The following is added to Article 5 (2): 
'Member States shall take the appropriate measures 
so as to allow the social partners to have an 
influence at national level in the process of drawing 
up and implementation of harmonized standards.' 
4. Article 7 (2) is completed by the following sentence: 
(') OJ No C 214, 16. 8. 1988, p. 23. 
(2) COM(87) 564 final of 14 December 1987 (OJ No C 29, 
3. 2. 1988), as modified by COM(88) 267 final — SYN 107 
of 16 June 1988 (OJ No C 214, 16. 8. 1988). 'Where the Commission after consultation estab­
lishes that the measure is unjustified, it shall 
immediately notify the Member State that took the 
initiative as well as the manufacturer or his auth­
orized representative established in the Community.' 
5. Replace Article 8 (2) (a) and (b) by the following: 
'(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, 
submit the machinery for the EC-type exam­
ination referred to in Annex VI.' 
6. Replace Article 9 (2) with the following: 
'2. The EC mark shall be affixed to machinery 
clearly and visibly in accordance with point 1.7.3 of 
Annex I.' 
7. Reword the beginning of Article 10 to read: 
'Any decision taken pursuant to this Directive . . .' 
8. In Article 11 (1), replace respectively the dates '1 
January 1989' and '1 January 1991' by '1 January 
1990' and '1 January 1992'. 
9. Add the following text to Article 11: 
'3. The Commission will take the necessary 
measures so that data recording all relevant decisions 
regarding the management of this Directive shall be 
made available. This information shall be accessible 
to both sides of industry.' 
10. Add the following to Annex IV: 
'4. Moulding machines for injection or compression 
of plastics and rubber, where there is manual 
intervention for the loading or removal of these 
materials. 
14. 2. 89 Official Journal of the European Communities No C 37/9 
5. Machines with cylinders for kneading of natural 
or synthetic rubber where there is manual inter­
vention during the kneading, filling or removal 
of the material. 
6. Sawing machines used in the textile industry for 
cutting bundles of fabric. 
7. Rivet guns with propulsive charges. 
8. Machines incorporating sources of ionizing 
radiation. 
9. Machines incorporating lasers where the laser is 
used as a tool.' 
11. Replace the third indent of point 2 of Annex VI by 
the following text: 'It shall be accompanied by a machine representative 
of the production planned or, where necessary, by 
an indication of the place where the machine may be 
inspected and tested.' 
12. Recital 17 is deleted. 
13. Insert a new recital 15 drafted as follows: 
'Whereas it is necessary to improve the legal 
framework to ensure the effective and adequate 
contribution of employers and employees to the 
standardization process; whereas this should ulti­
mately be achieved when this Directive comes into 
force;' 
The former recital 15 and following should be 
renumbered accordingly.