•* ww^pf!**' # 
COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 13.12.1996 
COM(96) 667 final 
96/ 0305 (COD) 
Proposal for a 
EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 
on the approximation of the laws of the Member States relating to machinery 
(codified version) 
(presented by the Commission) 

FXPIANATORY MEMORANDUM 
1. In the context of a people's Europe, the Commission attaches great importance to 
simplifying and clarifying Community law so as to make it clearer and more accessible 
to the ordinary citizen, thus giving him new opportunities and the chance to make use 
of the specific rights it gives him. 
This aim cannot be achieved so long as numerous provisions that have been amended 
several times, often quite substantially, remain scattered, so that they must be sought 
partly in the original instrument and partly in later amending ones. Considerable re­
search work, comparing many different instruments, is thus needed to identify the 
current rules. 
For this reason a consolidation of rules that have frequently been amended is also 
essential if Community law is to be clear and transparent. 
2. On 1 April 1987 the Commission therefore decided to instruct its staff that all legis­
lative measures should be consolidated after no more than ten amendments, stressing 
that this.was a minimum requirement and that departments should endeavour to con­
solidate at even shorter intervals the texts for which they were responsible, to ensure 
that the Community rules were clear and readily understandable. 
3. The Conclusions of the Presidency of the Edinburgh European Council (December 
1992) confirmed this, stressing the importance of legislative consolidation as it offers 
certainty as to the law applicable to a given matter at a given time. 
It must be undertaken in full compliance with the normal Community legislative pro­
cedure. 
Given that no changes of substance may be made to the instruments affected by legis­
lative consolidation, Parliament, the Council and the Commission have agreed, by an 
interinstitutional agreement dated 20 December 1994, that an accelerated procedure 
may be used for the fast-track adoption of codification instruments. 
4. The purpose of this proposal (l) for consolidation of Council Directive 89/392/EEC of 
14 June 1989 on the approximation of the laws of the Member States relating to 
machinery is to undertake official codification of this type. The new directive will 
supersede the various directives incorporated in it (2); their content is fully preserved, 
and they are brought together with only such formal amendments as are required by 
the codification exercise itself. 
5. This consolidation proposal was drawn up on the basis of a preliminary consolidation, 
in all the official languages, of Directive 89/392/EEC and the instruments amending it, 
carried out by the Office for Official Publications of the European Communities, by 
means of a data-processing system referred to in the conclusions of the European 
Council meeting at Edinburgh. Although the articles have been given new numbers, 
the former number is printed alongside in each case for the reader's convenience; the 
correlation between the old and new numbers is shown in a table contained in 
Annex DC to the consolidated Directive. 
(*) Entered in the legislative programme for 1996. 
(2) See part A of Annex VIII. 
S. 
Proposal for a 
EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE .J.JEC 
of 
on the approximation of the laws of the 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 So­
cial Committee (1), 
Acting in accordance with the procedure laid down in 
Article 189b of the Treaty (2), 
1) Whereas Council Directive 89/392/EEC of 14 June 1989 
on the approximation of the laws of the Member States 
relating to machinery (3) has been frequently and sub­
stantially 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 engineering industry and is one of the industrial 
mainstays of the Community economy; 
4) Whereas the social cost of the large number of accidents 
caused directly by the use of machinery can be reduced 
by inherently safe design and construction of machinery 
and by proper installations and maintenance; 
5) Whereas Member States are responsible for ensuring the 
health and 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; 22. 89/392/EEC 
(adapted) 
(adapted) 
() 
() 
(3) OJ No L 183, 29. 6. 1989, p. 9. Directive as last amended by 
Directive 93/68/EEC (OJ No L 220, 30. 8. 1993, p. 1). 
6) Whereas, in the Member States, the legislative systems 
regarding accident prevention are very different; whereas 
the relevant compulsory provisions, frequently supplem­
ented by de facto mandatory technical specifications and/ 
or voluntary standards, do not necessarily lead to differ­
ent levels of health and safety, but nevertheless, owing 
to their disparities, constitute barriers to trade within the 
Community, whereas, furthermore, conformity certifi­
cation and national certification systems for machinery 
differ considerably; 
7) Whereas existing national health and safety provisions 
providing protection against the risks caused by machin­
ery must be approximated to ensure free movement on 
the market of machinery without lowering existing justi­
fied levels of protection in the Member States; whereas 
the provisions of this Directive concerning the design 
and construction of machinery, essential for a safer 
working environment, shall be accompanied by specific 
provisions concerning the prevention of certain risks to 
which workers can be exposed at work, as well as by 
provisions based on the organization 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 obstacles to movement within the Com­
munity resulting from disparities in national legislation 
relating to the marketing of products must be accepted 
in so far as the provisions concerned can be recognized 
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 
European Council in June 1985, provide for a new ap­
proach to legislative harmonization; whereas, therefore, 
the harmonization of laws in this case must be limited to 
those requirements necessary to satisfy the imperative 
and essential health and safety requirements relating to 
machinery; whereas these requirements must replace the 
relevant national provisions because they are essential; 
10) Whereas the maintenance or improvement of the level 
of safety attained by the Member States constitutes one 
of the essential aims of this Directive and of the prin­
ciple of safety as defined by the essential requirements; 89/392/EEC 
4. (adapted) 
10. 
6. 
+ 
10. 
(adapted) 
3. 
11) Whereas the field of application of this Directive must 
be based on a general definition of the term •machinery' 
so as to allow the technical development of products; 
whereas the development of 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 compo­
nents which are placed on the market separately and the 
safety function of which is declared by the manufacturer 
or his authorized representative 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 informed that the machinery does 
not conform and cannot be acquired in that condition; 
14) Whereas the essential health and safety requirements 
must be observed in order to ensure that machinery is 
safe; whereas these requirements must be applied with 
discernment to take account of the state of the art at the 
time of construction and of technical and economic 
requirements; 
15) Whereas the putting into service of machinery within the 
meaning of this Directive can relate only to the use of 
the machinery itself as intended by the manufacturer; 
whereas this does not preclude the laying-down of condi­
tions of use external to the machinery, provided that it is 
not thereby modified in a way not specified in this 
Directive; 
16) Whereas it is necessary not only to ensure the free 
movement and putting into service of machinery bearing 
the CE marking and 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 with other machinery 
to form a complex installation; 89/392/EEC 
93/44/EEC 
13. 89/392/EEC 
(adapted) 
11. 
12. 
19. 
17) Whereas, therefore, this Directive defines only the essen­
tial health and safety requirements of general applica­
tion, supplemented by a number of more specific re­
quirements for certain categories of machinery; whereas, 
in order to help manufacturers to prove conformity to 
these essential requirements and in order to allow in­
spection for conformity to the essential requirements, it 
is desirable to have standards harmonized at European 
level for the prevention of risks arising out of the design 
and construction of machinery; whereas these standards 
harmonized at European level are drawn up by private-
law bodies and must retain their non-binding status; 
whereas for this purpose the European Committee for 
Standardization (CEN) and the European Committee for 
Electrotechnical Standardization (CENELEC) are the 
bodies recognized as competent to adopt harmonized 
standards in accordance with the general guidelines for 
cooperation between the Commission and these two 
bodies signed on 13 November 1984; whereas, within the 
meaning of this Directive, a harmonized standard is a 
technical specification (European standard or 
harmonization document) adopted by either or both of 
these bodies, on the basis of a remit from the Commis­
sion in accordance with the provisions of Council Direc­
tive 83/189/EEC of 28 March 1983 laying down a pro­
cedure for the provision of information in the field of 
technical standards and regulations (1) and on the basis 
of general guidelines referred to above; 
18) Whereas the legislative framework needs to be improved 
in order to ensure an effective and appropriate contribu­
tion by employers and employees to the standardization 
process; 
19) Whereas the Member States' responsibility for safety, 
health and the other aspects covered by the essential re­
quirements on their territory must be recognized in a 
safeguard clause providing for adequate Community 
protection procedures; 
20) Whereas, as is currently the practice in Member States, 
manufacturers should retain the responsibility for certify-
v ing the conformity of their machinery to the relevant es­
sential requirements; whereas conformity to harmonized 
standards creates a presumption of conformity to the rel­
evant 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; 14. 89/392/EEC 
15. 
20. (adapted) 
16. 
(!) OJ No L 109, 26. 4. 1983, p. 8. Directive as last amended by 
Commission Decision 96/139/EC (OJ No L 32, 10. 2. 19%, p. 31). 
21) Whereas, for certain types of machinery having a higher 
risk factor, a stricter certification procedure is desirable; 
whereas the EC type-examination procedure adopted 
may result in an EC declaration being given by the 
manufacturer without any stricter requirement such as a 
guarantee of quality, EC verification or EC supervision; 
22) Whereas it is essential that, before issuing an EC declar­
ation of conformity, the manufacturer or his authorized 
representative established in the Community should pro­
vide a technical construction file; whereas it is not, how­
ever, essential that all documentation be permanently 
available in a material manner, although it must be 
made available on demand; whereas it need not include 
detailed plans of the sub-assemblies used in manufactur­
ing the machines, unless knowledge of these is indispens­
able in order to ascertain conformity with essential 
safety requirements; 
23) Whereas, in its communication of 15 June 1989 on a 
global approach to certification and testing, the Commis­
sion proposed that common rules be drawn up concern­
ing a 'CE' conformity marking with a single design; 
whereas, in its Resolution of 21 December 1989 on a 
global approach to conformity assessment, the Council 
approved as a guiding principle the adoption of a con­
sistent approach such as this with regard to the use of 
the CE marking; whereas the two basic elements of the 
new approach which must be applied are therefore the 
essential requirements and the conformity assessment 
procedures; 
24) Whereas the addressees of any decision taken under this 
Directive 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 
the Member States concerning the deadlines for trans­
position and application of the Directives set out in 
Annex VIII, part B, 17. 
18. 
21. 89/392/EEC 
(adapted) 
93/68/EEC 
89/392/EEC 
(adapted) 
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 separately. 
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 power circuits, etc, joined 
together for a specific application, in particular 
for the processing, treatment, moving or packag­
ing of a material; 
— an assembly of machines which, in order to 
achieve the same end, are arranged and con­
trolled so that they function as an integral whole; 
— interchangeable equipment modifying the func­
tion of a machine, which is placed on the market 
for the purpose of being assembled with a ma­
chine or a series of different machines or with a 
tractor by the operator himself in so far as this 
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 his authorized representative 
established in the Community places on the 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. 
— machinery for medical use used in direct contact with 
patients, 
— 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 emission of radioactivity, 89/392/EEC 
93/44/EEC - Art. l(l)(a) 
89/392/EEC 
91/368/EEC - Art l(l)(a) 
93/44/EEC - Art l(l)(b) 
89/392/EEC 
91/368/EEC - Art. l(l)(b) 
— radioactive sources forming part of a machine, 
— firearms, 
— storage tanks and pipelines for petrol, diesel fuel, in­
flammable liquids and dangerous substances, 
— means of transport, Le. vehicles and their trailers in­
tended solely for transporting passengers by air or on 
road, rail or water networks, as well as means of 
transport in so far as such means are designed for 
transporting goods by air, on public road or rail net­
works or on water. Vehicles used in the mineral ex­
traction industry shall not be excluded, 
— seagoing vessels and mobile offshore units together 
with equipment on board such vessels 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 Council Directive 74/150/EEC (*), 
— machines specially designed and constructed for mili­
tary or police purposes, 
— lifts which permanently serve specific levels of build­
ings and constructions, having a car moving between 
guides which are rigid and inclined at a angle of more 
than 15 degrees to the horizontal and 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 cov­
ered by specific Community directives, this Directive shall 
not apply, or shall cease to apply, in the case of such ma­
chinery or safety components and of such risks on the im­
plementation of these specific Directives. 89/392/EEC 
91/368/EEC - Art l(l)(b) 
93/44/EEC - Art l(l)(c) 
91/368/EEC - Art l(l)(b) 
(adapted) 
93/44/EEC - Art l(l)(c) 
(!) OJ No L 84, 28. 3. 1974, p. 10; Directive as last amended 
by Decision 95/1/EC, Euratom, ECSC (OJ No L 1, 
1. 1. 1995, p. 1). 93/44/EEC - Art l(l)(d) 
5. Where, for machinery, the risks are mainly of 
electrical origin, such machinery shall be covered exclusive­
ly by Council Directive 73/23/EEC (l). 89/392/EEC 
(adapted) 
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 endanger the health or safety of 
persons and, where appropriate, domestic animals or prop­
erty, when properly installed and maintained and used for 
their intended purpose. 
2. This Directive shall not affect Member States' en­
titlement to lay down, in due observance of the Treaty, 
such requirements as they may deem necessary to ensure 
that persons and in particular workers are protected when 
using the machinery or safety components in question, pro­
vided that this does not mean that the machinery or safety 
components 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 components which do not conform to the provi­
sions of this Directive, provided that a visible sign clearly 
indicates that such machinery or safety components do not 
conform and that they are not for sale until they have 
been brought into conformity by the manufacturer or his 
authorized representative established in the Community. 
During demonstrations, adequate safety measures shall be 
taken to ensure the protection of persons. 93/44/EEC - Art 1(2) 
Article 3 
Machinery and safety components covered by this Direc­
tive shall satisfy the essential health and safety require­
ments set out in Annex I. 93/44/EEC - Art 1(3) 
Article 4 89/392/EEC 
1. Member States shall not prohibit, restrict or impede 
the placing on the market and putting into service in their 
territory of machinery and safety components which com­
ply with this Directive. 
2. Member States shall not prohibit, restrict or impede 
thé placing on the market of machinery where the manu­
facturer or his authorized representative established in the 
Community declares in accordance with point B of 
Annex II that it is intended to be incorporated into ma­
chinery or assembled with other machinery to constitute 
machinery covered by this Directive, except where it can 
function independently. 
(*) OJ No L 77, 26. 3. 1973, p. 29; Directive as last amended by 
Directive 93/68/EEC (OJ No L 220, 30. 8. 1993, p. 1). 93/44/EEC - Art l(4)(a) 
89/392/EEC 
10 
'Interchangeable equipment', as referred to in the third 
indent of Article 1 (2) (a), shall be regarded as machinery 
and accordingly must in all cases bear the HE marking and 
be accompanied by the EC declaration of conformity re­
ferred 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 they are accompanied by an EC 
declaration of conformity by the manufacturer or his auth­
orized representative established in the Community as re­
ferred to in Annex JJ, point C. 91/368/EEC - Art 1(3) 
(adapted) 
93/68/EEC --Art 6(t) 
93/44/EEC - Art l(4)(b) 
Article 5 
1. Member States shall regard the following as con­
forming 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 declar­
ation of conformity referred to in Annex II, point C 
In the absence of harmonized 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 specifications which are regarded 
as important or relevant to the proper implementation of 
the essential safety and health requirements in Annex I. 
2. Where a national standard transposing a harmonized 
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, machin­
ery or safety components constructed in accordance with 
this standard shall be presumed to comply with the rel­
evant essential requirements. 
Member States shall publish the references of national 
standards transposing harmonized standards. 
3. Member States shall ensure that appropriate 
measures are taken to enable the social partners to have 
an influence at national level on the process of preparing 
and monitoring the harmonized standards. 
Article 6 
1. Where a Member State or. the Commission, con­
siders that the harmonized standards referred to in Ar­
ticle 5 (2) do not entirely satisfy the essential requirements 
referred to in Article 3, the Commission or the Member 
State concerned shall bring the matter before the Commit­
tee set up under Directive 83/189/EEC, giving the reasons 
therefor. The Committee shall deliver an opinion without 
delay. 89/392/EEC 
93/44/EEC - Art 1(5) 
89/392/EEC 
11 
Upon receipt of the Committee's opinion, the Commission 
shall inform the Member States whether or not it is 
necessary to withdraw those standards from the published 
information referred to in Article 5 (2). 
2. A standing committee shall be set up, consisting of 
representatives appointed by the Member States and 
chaired by a representative of 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 accordance with the following 
procedure. 
The representative of the Commission shall submit to the 
committee a draft of the measures to be taken. The com­
mittee shall deliver its opinion on the draft, within a time 
limit which the chairman may lay down 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 declar­
ation of conformity, 
used in accordance with their 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 such machinery or safety compo­
nents from the market to prohibit the placing on the mar­
ket putting into service or use thereof, or to restrict free 
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 referred to in Article 5 
(2) themselves. 89/392/EEC 
93/44/EEC - Art. l(6)(a) 
12 
2. The Commission shall enter into consultation with 
the parties concerned without delay. Where the Commis­
sion considers, after this consultation, 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 consultation, 
that the action is unjustified, it shall immediately so inform 
the Member State which took the initiative and the manu­
facturer or his authorized representative established within 
the Community. Where the decision referred to in para­
graph 1 is justified by a shortcoming in the standards, and 
where the Member State at the origin of the decision 
maintains its position, the Commission shall immediately 
inform the Committee in order to initiate the procedures 
referred to in Article 6 (1). 89/392/EEC 
(adapted) 
3. Where: 
— machinery which does not comply bears the CE 
marking, 
— a safety component which does not comply is accom­
panied by an EC declaration of conformity, 
the competent Member State shall take appropriate action 
against whomsoever 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. 
CHAPTER II 
CONFORMITY ASSESSMENT PROCEDURES 
Article 8 
1. The manufacturer or his authorized representative 
established in the Community must in order to certify that 
machinery and safety components are in conformity with 
this Directive, draw up for all machinery or safety compo­
nent 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 
authorized representatives established in the Community 
must affix to the machine the CE marking. 
2. Before placing on the market the manufacturer, or 
his authorized representative established in the Commun­
ity, shall: 
(a) if the machinery is not referred to in Annex IV, draw 
up the file provided for in Annex V; 93/44/EEC - Art l(6)(b) 
89/392/EEC 
(adapted) 
93/44/EEC - Art l(7)(a) 
(adapted) 
89/392/EEC 
13 
(b) if the machinery is referred to in Annex IV and its 
manufacturer does not comply, or only partly com­
plies, with the standards referred to in Article 5 (2) 
or if there are no such standards, submit an example 
of the machinery for the EC type-examination re­
ferred to in Annex VI; 
(c) if the machinery is referred to in Annex IV and is 
manufactured in accordance with the standards re­
ferred to in Article 5 (2): 
— either draw up the file referred to in Annex VI 
and forward it to a notified body, which will ac­
knowledge 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 Article 5 (2) have been 
correctly applied and will draw up a certificate of 
adequacy for the file, 
— or submit the example of the machinery for the 
EC type-examination 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 para­
graph 5 and paragraph 7 of Annex VI shall also apply by 
analogy. 
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 in­
dents of paragraph 2 (c) apply, the EC declaration of con­
formity shall solely state conformity with the essential re­
quirements of the Directive. 
Where paragraph 2 (b) and the third indent of paragraph 
2 (A apply, the EC declaration of conformity shall state 
conformity with the example that underwent EC type-
examination. 
5. Safety components shall be subject to the certifi­
cation procedures applicable to machinery pursuant to 
paragraphs 2, 3 and 4. Furthermore, during EC type-exam­
ination, the notified body shall verify the suitability of the 
safety component for fulfilling the safety functions declared 
by the manufacturer. 89/392/EEC 
(adapted) 
Corrigendum, OJ No L 296,14.10.1989, p. 40 
93/44/EEC - Art l(7)(b) 
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 also presumed to 
conform to the provisions of those other directives. 93/68/EEC - Art 6(2) 
14 
(b) However, where one or more of those Directives 
allow the manufacturer, during a transitional peri­
od, to choose which arrangements to apply, the 
CE marking shall indicate conformity only to the 
directives applied by the manufacturer. In this 
case, particulars of the directives applied, as pub­
lished in the Official Journal of the European Com­
munities, must be given in the documents, notices 
or instructions required by the directives and ac­
companying such machinery. 
7. Where neither the manufacturer nor his authorized 
representative established in the Community fulfils the ob­
ligations of paragraphs 1 to 6, these obligations shall fall 
to any person placing the machinery or safety component 
on the market in the Community. The same obligations 
shall apply to any person assembling machinery or parts 
thereof or safety components of various origins or con­
structing 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 equipment as provided for in Article 1, 
provided that the parts are compatible and each of the 
constituent parts of the assembled machine bears the ÇE 
marking and is accompanied by the EC declaration of 
conformity. 93/68/EEC - Art 6(2) 
93/44/EEC - Art l(7)(c) 
(adapted) 
91/368/EEC - Art 1(4) 
93/68/EEC - Art 6(1) 
Article 9 
1. Member States shall notify the Commission and the 
other Member States of the approved bodies which they 
have appointed to carry out the procedures referred to in 
Article 8 together with the specific tasks which these 
bodies have been appointed to carry out and the identifica­
tion numbers assigned to them beforehand by the Commis­
sion. 
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 Commission 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. Bodies meeting the assessment criteria laid 
down in the relevant harmonized standards shall be pre­
sumed 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 im­
mediately inform the Commission and the other Member 
States accordingly. 89/392/EEC 
93/68/EEC - Art 6(3) 
89/392/EEC 
15 
CHAPTER HI 
CE MARKING 
Article 10 
1. The CE conformity marking shall consist of the in­
itials 'CE'. The form of the marking to be used is shown 
in Annex III. 
2. The CE marking shall be affixed to machinery dis­
tinctly and visibly in accordance with point 1.73 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 marking is not thereby 
reduced. 
4. Without prejudice to Article 7: 
(a) where a Member State establishes that the CE mark­
ing has been affixed unduly, the manufacturer or his 
authorized representative established within the Com­
munity shall be obliged to make the product conform 
as regards the provisions concerning the CE marking 
and to end the infringement under the conditions im­
posed by the Member State; 
(b) where non-conformity continues, the Member State 
must take all appropriate measures to restrict or pro­
hibit the placing on the market of the product in 
question or to ensure that it is withdrawn from the 
market in accordance with the procedure laid down in 
Article 7. 89/392/EEC 
93/68/EEC -Art 6(1) 
93/68/EEC-Art 6(4) 
89/392/EEC - 93/68/EEC Art 6(1) 
93/68/EEC - Art 6(5) 
93/68/EEC - Art 6(6) 
CHAPTER IV 
FINAL PROVISIONS 89/392/EEC 
Article 11 
Any decision taken pursuant to this Directive which re­
stricts the placing on the market and putting into service 
of machinery or a safety component shall state the exact 
grounds on which it is based. Such a decision shall be noti­
fied as soon as possible to the party concerned, who shall 
at the same time be informed of the legal remedies avail­
able to him under the laws in force in the Member State 
concerned and of the time limits to which such remedies 
are subject 93/44/EEC - Art 1(9) 
16 
Article 12 
The Commission will take the necessary steps to have in­
formation on all the relevant decisions relating to the man­
agement of this Directive made available. 89/392/EEC 
Article 13 
1. Member States shall communicate to the Commis­
sion 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 standardization work re­
lating to this Directive and propose any appropriate 
measures. 91/368/EEC - Art 1(5) 
Article 14 
The Directives listed in Annex VIII, Part A, are hereby 
repealed, without prejudice to the obligations of the 
Member States concerning the deadlines for transposition 
and application of the said Directive, as set out in Annex 
VIII, Part B. 
References to the repealed Directives shall be construed as 
references to this Directive and be read in accordance with 
the correlation table set out in Annex DC 
Article 15 
This Directive shall enter into force on the twentieth day 
following that of its publication in the Official Journal of 
the European Communities. 
Article 16 
This Directive is addressed to the Member States. 
Done at Brussels, 
For the European Parliament 
The President For the Council 
The President 
17 
ANNEX I 89/392/EEC 
ESSENTIAL HEALTH AND SAFETY REQUIREMENTS 
RELATING TO THE DESIGN AND CONSTRUCTION 
OF MACHINERY AND SAFETY COMPONENTS • 
For the purposes of this Annex, 'machinery' means either 
'machinery' of 'safety component' as defined in Article 1 
(2). 
PRELIMINARY OBSERVATIONS 
1. 
2. The obligations laid down by the essential health and 
safety requirements apply only when the correspon­
ding hazard exists for the machinery in question when 
it is used under the conditions foreseen by the manu­
facturer. In any event, requirements 1.1.2, 1.7.3 and 
1.7.4 apply to all machinery covered by this Directive. 
The essential health and safety requirements laid 
down in this Directive are mandatory. However, tak­
ing 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 de­
signed and constructed with the purpose of approach­
ing those objectives. 
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 those which apply to 
his machine; he must then design and construct it tak­
ing account of his assessment. 
1. 
1.1. ESSENTIAL HEALTH 
REQUIREMENTS 
General remarks AND SAFETY 
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 per­
son 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 transport­
ing machinery. 93/44/EEC - Art l(lD)(a) 
93/44/EEC - Art l(10)(b) 
89/392/EEC 
93/44/EEC - Art l(10)(c) 
89/392/EEC 
18 
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 un­
der the conditions foreseen by the 
manufacturer. 
The aim of measures taken must be to elimi­
nate any risk of accident throughout the fore­
seeable 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 possi­
ble (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 mea­
sures adopted, indicate whether any par­
ticular 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 nor­
mal use of the machinery but also uses which 
could reasonably be expected. 
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 experi­
ence has shown might occur — in which the 
machinery should not be used. 
(d) Under the intended conditions of use, the dis­
comfort, fatigue and psychological stress faced 
by the operator must be reduced to the mini­
mum possible taking ergonomie principles 
into account. 89/392/EEC 
19 
(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 (such as foot­
wear, gloves, etc). 
(f) Machinery must be supplied with all the es­
sential 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 operations concerned where its 
lack is likely to cause a risk despite ambient light­
ing 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 dan­
gerous stroboscopic effects due to the lighting pro­
vided by the manufacturer. 
Internal parts requiring frequent inspection, and 
adjustment and maintenance areas, must be pro­
vided with appropriate lighting. 
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. ade­
quate 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 com­
ponent 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 89/392/EEC 
20 
1.2. — 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 han­
dling of tools and/or machinery parts, even if light­
weight which could be dangerous (shape, material, 
etc). 
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. 
1.2.2. Control devices 
Control devices must be: 
— clearly visible and identifiable and appropri­
ately marked where necessary, 
— positioned for safe operation without hesita­
tion 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, such as 
emergency stop, console for training of 
robots, 
— positioned so that their operation cannot 
cause additional risk, 
— designed or protected so that the desired ef­
fect where a risk is involved, cannot occur 
without an intentional operation, 89/392/EEC 
21 
— made so as to withstand foreseeable strain; 
particular attention must be paid to emergen­
cy stop devices liable to be subjected to con­
siderable strain. • 
Where a control is designed and constructed to 
perform several different actions, namely where 
there is no one-to-one correspondence (e.g. key­
boards, 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 
with the action to be performed, taking account of 
ergonomie principles. Constraints due to the neces­
sary or foreseeable use of personal protection 
equipment (such as 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 con­
trol position. 
From the main control position the operator must 
be able to ensure that there are no exposed per­
sons 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 ma­
chinery is about to start The exposed person must 
have the time and the means to take rapid action 
to prevent the machinery starting up. 89/392/EEC 
1.23. Starring 
It must be possible to start machinery only by vol­
untary 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 op­
erating conditions resulting from the normal se­
quence of an automatic cycle. 
22 
Where machinery has several starting controls and 
the operators can therefore put each other in dan­
ger, additional devices (e.g. enabling devices or se­
lectors allowing only one part of the starting 
mechanism to be actuated at any one time) must 
be fitted to rule out such risks. 
It must be possible for automated plant function­
ing in automatic mode to be restarted easily after 
a stoppage once the safety conditions have been 
fulfilled. 
1.2.4. Stopping device 
Normal stopping 
Each machine must be fitted with a control where­
by the machine can be brought safely to a com­
plete stop. 
Each workstation must be fitted with a control to 
stop some or all of the moving parts of the ma­
chinery, 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. 
Once the machinery or its dangerous parts have 
stopped, the energy supply to the actuators con­
cerned must be cut off. 
Emergency stop 
Each machine must be fitted with one or more 
emergency stop devices to enable actual or im­
pending danger to be averted. The following ex­
ceptions apply: 
— machines in which an emergency stop device 
would not lessen the risk, either because it 
would not reduce the stopping time or be­
cause it would not enable the special mea­
sures required to deal with the 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 pos­
sible, without creating additional hazards, 
— where necessary, trigger or permit the trigger­
ing of certain safeguard movements. 89/392/EEC 
23 
Once active operation of the emergency stop con­
trol has ceased following a stop command, that 
command must be sustained by engagement of the 
emergency stop device until that engagement is 
specifically overridden; it must not be possible to 
engage the device without triggering a stop com­
mand; 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 con­
tinued operation can be dangerous. 93/44/EEC - Art l(10)(d) 
1.2.5. Mode selection 
The control mode selected must override all other 
control systems with the exception of the emergen­
cy 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 with a mode selector which can be locked 
in each position. Each position 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 categories of operator 
(e.g. access codes for certain numerically con­
trolled functions, etc.). 
If, for certain operations, the machinery must be 
able to operate with its protection devices neutral­
ized, 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, 89/392/EEC 
24 
— prevent any movement liable to pose a dan­
ger 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 ad­
justment point 
1.2.6. Failure of the power supply 
The interruption, re-establishment after an inter­
ruption 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, 
— 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, 89/392/EEC 
the protection 
effective. devices must remain fully 
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 unim­
peded, 
— the protection devices must remain fully ef­
fective. 
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 against mechanical hazards 
1.3.1. Stability 
Machinery, components and fittings thereof must 
be so designed and constructed that they are 
stable enough, under the foreseen operating condi­
tions (if necessary taking climatic conditions into 
account) for use without risk of overturning, falling 
or unexpected movement. 
25 
If the shape of the machinery itself or its intended 
installation does not offer sufficient stability, ap­
propriate means of anchorage must be incorpo­
rated and indicated in the instructions. 
13.2. Risk of break-up during operation 
The various parts of machinery and their linkages 
must be able to withstand the stresses to which 
they are subject when used as foreseen by the 
manufacturer. 
The durability of the materials used must be ade­
quate for the nature of the work place foreseen by 
the manufacturer, in particular as regards the phe­
nomena of fatigue, ageing, corrosion and abrasion. 
The manufacturer must indicate in the instructions 
the type and frequency of inspection and mainte­
nance 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. 
Both rigid and flexible pipes carrying fluids, partic­
ularly those under high pressure, must be able to 
withstand the foreseen internal and external 
stresses and must be firmly attached and/or pro­
tected 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 nor­
mal working conditions, 
— when the tool starts and/or stops (intentional­
ly 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.). 89/392/EEC 
26 
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 sev­
eral different operations 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 opera­
tions under different conditions of use (e.g. differ­
ent speeds or energy supply), it must be designed 
and constructed in such a way that 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 haz­
ards persist, fixed with guards or protective devices 
in such a way as to prevent all risk of contact 
which could lead to accidents. 
All necessary steps must be taken to prevent acci­
dental blockage of moving parts involved in the 
work. In cases where, despite the precautions tak­
en, a blockage is likely to occur, specific protection 
devices or tools, the instruction handbook and 
possibly a sign on the machinery should be pro­
vided by the manufacturer to enable the equip­
ment 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 fol­
lowing guidelines must be used to help make the 
choice. 89/392/EEC 
91/368/EEC - Art. l(6)(a) 
89/392/EEC 
27 
A. Moving transmission parts 
Guards designed to protect exposed persons 
against the risks associated with moving trans­
mission parts (such as pulleys, belts, gears, 
rack and pinions, shafts, etc) must be: 
— either fixed, complying with require­
ments 1.4.1 and 1.4.2.1, or 
— movable, complying with requirements 
1.4.1 and 1.42.2.A. 
Movable guards should be used where fre­
quent access is foreseen. 
B. Moving parts directly invol­
ved in the process 
Guards or protection devices designed to pro­
tect exposed persons against the risks 
associated with moving parts contributing to 
the work (such as 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 such as sensing devi­
ces (e.g. non-material barriers, sensor 
mats), remote-hold protection devices 
(e.g. two-hand controls), or protection 
devices intended automatically to pre­
vent 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 com­
pletely or partially inaccessible during opera­
tion owing to operations requiring nearby op­
erator intervention, where technically possible 
such parts must be fitted with: 
— fixed guards, complying with require­
ments 1.4.1 and 1.4.2.1 preventing access 
to those sections of the parts that are 
not used in the work, 89/392/EEC 
28 
— adjustable guards, complying with requi­
rements 1.4.1 and 1.4.23 restricting ac­
cess to those sections of the moving 
parts that are strictly for the wort 
1.4. Required characteristics of guards and protection 
devices 
1.4.1. General requirement 
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 replacement 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 protec­
tion 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 with a 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. 89/392/EEC 
29 
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, 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, 
— protection against any risk of ejection is 
proved by means of an appropriate 
barrier. 89/392/EEC 
1.4.23. Adjustable 
access guards restricting 
Adjustable guards restricting access to those areas 
of the moving parts strictly necessary for the work 
must: 
— be adjustable manually or automatically ac­
cording to the type of work involved, 
— be readily adjustable without the use of tools, 
— reduce as far as possible the risk of ejection. 
1.43. Special requirements for protection devices 
Protection devices must be designed and incorpo­
rated 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 compo­
nents prevents starting or stops the moving 
parts. 
1.5. Protection against other hazards 
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. 
30 
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. 
152. Static electricity 
Machinery must be so designed and constructed as 
to prevent or limit the build-up of potentially dan­
gerous electrostatic charges and/or be fitted with a 
discharging system. 
1.53. Energy supply other than electricity 
Where machinery is powered by an energy other 
than electricity (e.g. hydraulic, pneumatic or ther­
mal energy, etc), it must be so designed, 
constructed and equipped as to avoid all potential 
hazards associated with these types of energy. 
15 A. 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 in­
formation must be given on moving parts and/or 
their housings where the direction of movement 
must be known to avoid a risk. Any further in­
formation 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 de­
sign 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 nec­
essary steps must be taken to prevent it or, if this 
is not technically possible, to render it non-
dangerous. 89/392/EEC 
31 
1.5.6. Fire 89/392/EEC 
Machinery must be designed and constructed to 
avoid all risk of fire or overheating posed by the 
machinery itself or by gases, liquids, dusts, vapours 
or other substances produced or used by the 
machinery. 
15.1. Explosion 
Machinery must be designed and constructed to 
avoid any risk of explosion posed by the machin­
ery itself or by gases, Uquids, dusts, 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 explo­
sive atmosphere, 
— minimize 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 machin­
ery must conform, as far as the risk from explosion 
is concerned, to the provision of the specific Di­
rectives 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 ac­
count 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, tak­
ing account of technical progress and the availabil­
ity of means of reducing vibration, in particular at 
source. 
1.5.10. Radiation 
Machinery must be so designed and constructed 
that any emission of radiation is limited to the ex­
tent necessary for its operation and that the effects 
on exposed persons are non-existent or reduced to 
non-dangerous proportions. 
15.11. External radiation 
Machinery must be so designed and constructed 
that external radiation does not interfere with its 
operation. 
32 
1.5.12. Laser equipment 
Where laser equipment is used, the following pro­
visions should be taken into account: 
— laser equipment on machinery must be de­
signed and constructed so as to prevent any 
accidental radiation, 
— laser equipment on machinery must be pro­
tected so that effective radiation, radiation 
produced by reflection or diffusion and sec­
ondary radiation do not damage health, 
— optical equipment for the observation or ad­
justment of laser equipment 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 pro­
duces 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 impossi­
ble, with a means of summoning help. 
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. 89/392/EEC 
93/44/EEC - Art l(10)(e) 
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, re­
pair, cleaning and servicing operations while ma­
chinery is at a standstill. 
If one or more of the above conditions cannot be 
satisfied for technical reasons, these ope- tions 
must be possible without risk (see 1.2.5). 89/392/EEC 
33 
In the case of automated machinery and, where 
necessary, other machinery, the manufacturer must 
make provision for a connecting device for mount­
ing 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 components must enable 
these tasks to be carried out with the necessary 
technical means (tools, measuring instruments, 
etc.) in accordance with an operating method spe­
cified 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. 
1.63. Isolation of energy sources 
All machinery must be fitted with means to isolate 
it from all energy sources. Such isolators must be 
clearly identified. They 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 risk to ex­
posed persons. 
As an exception to the above requirements, certain 
circuits may remain connected, to their energy 
sources in order, for example, to hold parts, pro­
tect 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. 89/392/EEC 
34 
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 neces­
sary unblocking must also be possible from the 
outside. If it is absolutely impossible to avoid en­
tering 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 overload­
ing 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 op­
eration of such warning devices at all times. 
The requirements of the specific Directives con­
cerning colours and safety signals must be com­
plied 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 pro­
vide warnings. 
Such warnings should preferably use readily under­
standable pictograms and/or be drawn up in one 
of the languages of the country in which the ma­
chinery is to be used, accompanied, on request, by 
the languages understood by the operators. 89/392/EEC 
91/368/EEC - Art l(6)(b) 
89/392/EEC 
91/368/EEC - Art l(6)(c) 
89/392/EEC 
35 
1.73. Marking 
All machinery must be marked legibly and indeli­
bly with the following minimum particulars: 
— name and address of the manufacturer, 
— the CE marking (see Annex HI), 
— designation of series or type, 
— serial number, if any, 
— the year of construction. 
Furthermore, where the manufacturer constructs 
machinery intended for use in a potentially explo­
sive 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. maxi­
mum speed of certain rotating parts, maximum di­
ameter of tools to be fitted, mass, etc.). 
Where a machine part must be handled during use 
with lifting equipment 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) Ail machinery must be accompanied by 
instructions including at least the following: 
— a repeat of the information with which 
the machinery is marked, except the se­
rial number (see 1.7.3) together with any 
appropriate additional information to fa­
cilitate 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, 89/392/EEC 
93/68/EEC - Art 6(7)(a) 
89/392/EEC 
93/68/EEC - Art 6(7)(b) 
89/392/EEC 
91/368/EEC - Art l(6)(d) 
89/392/EEC 
93/44/EEC - Art l(l0)(g) 
89/392/EEC 
36 
— assembly, dismantling, 
— adjustment, 
— maintenance (servicing and repair), 
— where necessary, training instructions, 
— where necessary, the essential characte­
ristics 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 manufactur­
er or his authorized 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 ma­
chinery is to be used and by the instructions 
in the original language. This translation must 
be done either by the manufacturer or his au­
thorized representative established in the 
Community or by the person introducing the 
machinery into the language area in question. 
By way of derogation from this requirement 
the maintenance instructions for use by spe­
cialized personnel employed by the manufac­
turer or his authorized representative estab­
lished in the Community may be drawn up in 
only one of the Community languages under­
stood by that personnel. 
(c) The instructions must contain the drawings 
and diagrams necessary for putting into ser­
vice, maintenance, inspection, checking of cor­
rect operation and, where appropriate, repair 
of the machinery, and all useful instructions 
in particular with regard to safety. 
(d) Any literature describing the machinery must 
not contradict the instructions as regards safe­
ty aspects. The technical documentation de­
scribing the machinery must give information 
regarding the airborne noise emissions re­
ferred to in (f) and, in the case of hand-held 
and/or hand-guided machinery, information 
regarding vibration as referred to in 2.2. 89/392/EEC 
91/368/EEC - Art. l(6)(e) 
89/392/EEC 
93/44/EEC - Art l(10)(h) 
89/392/EEC 
93/44/EEC - Art l(10)(i) 
37 
(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 in­
formation concerning airborne noise emis­
sions by the machinery, either the actual val­
ue or a value established on the basis of 
measurements made on identical machinery: 
— equivalent continuous A-weighted sound 
pressure level at workstations, where this 
exceeds 70 dB(A); where this level does 
not exceed 70 dB(A), this fact must be 
indicated, 
— peak C-weighted instantaneous sound 
pressure value at workstations, where 
this exceeds 63 Pa (130 dB in relation to 
20 uPa), 
— sound power level emitted by the machi­
nery where the equivalent continuous 
A-weighted sound pressure level at work­
stations exceeds 85 dB(A). 
In the case of very large machinery, instead 
of the sound power level, the equivalent con­
tinuous sound pressure levels at specified 
positions around the machinery may be 
indicated. 
Where the harmonized standards are not ap­
plied, sound levels must be measured using 
the most appropriate method for the 
machinery. 
The manufacturer must indicate the operating 
conditions of the machinery during measure­
ment 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 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 machin­
ery will be used in a potentially explosive at­
mosphere, the instructions must give all the 
necessary information. 89/392/EEC 
91/368/EEC - Art. l(6)(f) 
89/392/EEC 
38 
(h) In the case of machinery which may also be 
intended for use by non-professional opera­
tors, the wording and layout of the instruc­
tions for use, whilst respecting the other es­
sential requirements mentioned above, must 
take into account the level of general educa­
tion and acumen that can reasonably be ex­
pected from such operators. 
2. ESSENTIAL HEALTH AND SAFETY 
REQUIREMENTS FOR CERTAIN CATEGORIES 
OF MACHINERY 
2.1. Agri-foodstuffs machinery 
Where machinery is intended to prepare and pro­
cess 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, sick­
ness or contagion and the following hygiene rules 
must be observed: 
(a) materials in contact or intended to come into 
contact with the foodstuffs must satisfy the 
conditions set down in the relevant Direc­
tives. 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 m such a way as 
to reduce projections, edges and recesses to a 
minimum. They should preferably be made by 
welding or continuous bonding. Screws, scre-
wheads and rivets may riot be used except 
where technically unavoidable; 
(d) ail surfaces in contact with the 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 (possibly in a 'clean' 
position); 89/392/EEC 
93/44/EEC - Art 1(10)0) 
89/392/EEC 
39 
(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 machineiy 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 with 
foodstuffs. Where necessary, machinery must 
be designed and constructed so that continu­
ing compliance with this requirement can be 
checked. 
Instructions 
In addition to the information required in section 
1, the instructions must indicate recommended 
products and methods for cleaning, disinfecting 
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). 89/392/EEC 
2.2. Portable hand-held 
machinery and/or hand-guided 
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 stability of the machinery under 
the operating conditions foreseen by the 
manufacturer, 
— except where technically impossible or where 
there is an independent control, in the case 
of handles which cannot be released in com­
plete safety, it must be fitted with start 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 tech­
nically feasible, 
40 
— portable hand-held machinery must be de­
signed and constructed to allow, where neces­
sary, a visual check of the contact of the tool 
with the material being processed 
Instructions 
The instructions must give the following informa­
tion concerning vibrations 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/s2 as determined by the ap­
propriate test code. Where the acceleration 
does not exceed 2,5 m/s2, this must be 
mentioned. 
If there is no applicable test code, the manufactur­
er must indicate the measurement methods and 
conditions under which measurements were made. 
23. Machinery for working wood and analogous ma­
terials 
Machinery for working wood and machineiy for 
working materials with physical and technological 
characteristics similar to those of wood, such as 
cork, bone, hardened rubber, hardened plastic ma­
terial and other similar stiff material must conform 
to the following essential health and safety 
requirements: 
(a) the machineiy 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 sufficiently stable during the work 
and must not impede the movement of the 
piece; 
(b) where the machineiy 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 oper­
ator and/or exposed persons; 
(c) the machinery must be equipped with an au­
tomatic brake that stops the tool in a suffi­
ciently 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-ful-
ry 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 depth of cut etc. 89/392/EEC 
41 
3.1. 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 re­
quirements 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 machineiy or tractors, is oper­
ated in working areas and whose operation re­
quires either mobility while working, be it continu­
ous 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 (ma­
chinery 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 autho­
rized representative established within the Com­
munity must for each type of machinery con­
cerned, perform the appropriate tests or have such 
tests performed. 
General 
3.1.1. Definition 
'Driver' means an operator responsible for the 
movement of machinery. The driver may be trans­
ported by the machinery or may be on foot, ac­
companying 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 regula­
tions, navigation rules, etc.). 
3.13. 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 ac­
cordance with the manufacturer's instructions. 91/368/EEC - Art. l(6)(g) 
93/44/EEC - Art 1(10)(1) 
91/368/EEC - Art l(6)(g) 
42 
3.2. Work stations 
32.1. Driving position 
The driving position must be designed with due 
regard to ergonomie principles. There may be two 
or more driving positions and, in such cases, each 
driving position must be provided with all the req­
uisite controls. Where there is more than one driv­
ing position, the machineiy must be designed so 
that the use of one of them precludes the use of 
the others, 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 in­
advertent contact with the wheels 01 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 driv­
ing 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 operating condi­
tions 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 ob­
jects, 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 91/368/EEC - Art. l(6)(g) 
43 
3.22. Seating 
3.3. The driving seat of any machineiy must enable the 
driver to maintain a stable position and be de­
signed with due regard to ergonomie principles. 
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-re­
sistant material. 
Where machinery is fitted with provision for a rol­
lover protection structure, the seat must be 
equipped with a safety belt or equivalent device 
which keeps the driver in his seat without restrict­
ing any movements necessary for driving or any 
movements caused by the suspension. 
3.23. Other places 
If the conditions of use provide that operators oth­
er than the driver are occasionally or regularly 
transported by the machinery, or work on it, ap­
propriate places must be provided which enable 
them to be transported or to work on it without 
risk, particularly the risk of falling. 
Where the working conditions so permit these 
work places must be equipped with seats. 
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. 
Controls 
3.3.1. Control devices 
The driver must be able to actuate all control de­
vices required to operate the machinery from the 
driving position, except for functions which can be 
safely activated only by using control devices lo­
cated 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 confu­
sion; they must have a slip-resistant surface and be 
easy to clean. 91/368/EEC - Art. l(6)(g) 
44 
Where their operation can lead to hazards, notably 
dangerous movements, 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 sys­
tem 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 differen­
tial to be unlocked when the machinery is moving. 
The last sentence of section 1.2.2 does not apply 
to the mobility function. 
33.2. Starting/moving 
Self-propelled machinery with a ride-on driver 
must be so equipped as to deter unauthorized per­
sons 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 clear­
ance zone (e.g. stabilizers, jib, etc.), the driver 
must be provided with the means of checking easi­
ly, 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 ma­
chinery to occur while the engine is being started. 
333. Travelling*function 
Without prejudice to the provisions of road traffic 
regulations, self-propelled machinery and its trail­
ers must meet the requirements for slowing down, 
stopping, braking and immobilization so as to en­
sure safety under all the operating, loading, speed, 
ground and gradient conditions allowed for by the 
manufacturer and corresponding to conditions en­
countered in normal use. 91/368/EEC - Art. l(6)(g) 
45 
The driver must be able to slow down and stop 
self-propelled machinery by means of a main de­
vice. 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 emer­
gency device with fully independent and easily ac­
cessible 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 de­
vices 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. 
33.4. 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 ma­
chinery must be designed to minimize 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 with the 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 movement of the tool. In the latter case, the 
reversing speed must be such that it does not en­
danger the driver. 
33.5. Control circuit failure 
A failure in the power supply to the power-as­
sisted steering, where fitted, must not prevent ma­
chinery from being steered during the time re­
quired to stop it 91/368/EEC - Art. l(6)(g) 
46 
3.4. Protection against mechanical hazards 
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. 
Machineiy must be so designed, constructed and 
where appropriate placed on its mobile support as 
to ensure that when moved the uncontrolled os­
cillations of its centre of gravity do not affect its 
stability 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 disin­
tegrate, 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. 
3.43. Rollover 
Where, in the case of self-propelled machinery 
with a ride-on driver and possibly ride-on opera­
tors, there is a risk of rolling over, the machinery 
must be designed for and be fitted with anchorage 
points allowing it to be equipped with a rollover 
protective structure (ROPS). 
This structure must be such that in case of rolling 
over it affords the ride-on driver and where ap­
propriate 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 para­
graph, the manufacturer or his authorized repre­
sentative established within the Community must, 
for each type of structure concerned, perform ap­
propriate tests or have such tests performed. 
In addition, the earth-moving machinery listed be­
low with a capacity exceeding 15 kW must be 
fitted with a rollover protective structure: 
— crawler loaders or wheel loaders, 
— backhoe loaders, 
— crawler tractors or wheel tractors, 
— scrapers, self-loading or not 
— graders, 
— articulated steer dumpers. 91/368/EEC - Art. l(6)(g) 
47 
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 machin­
ery 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 material, it guarantees the ride-
on operators an adequate deflection-limiting vol­
ume (DLV). 
In order to verify that the structure complies with 
the requirement laid down in the second para­
graph, the manufacturer or his authorized repre­
sentative established within the Community must, 
for each type of structure concerned, perform ap­
propriate 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 acci­
dental disconnection during use. 
In so far as the towbar load requires, such machin­
ery must be equipped with a support with a bear­
ing surface suited to the load and the ground. 
3.4.7. Transmission of power between self-propelled ma­
chinery (or tractor) and recipient machinery 
Transmission shafts with universal joints linking 
self-propelled machinery (or tractor) to the first 
fixed bearing of recipient machinery must 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 transmis­
sion 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. 91/368/EEC - Art. l(6)(g) 
48 
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 uni­
versal joint transmissions only on the side adjoin­
ing the driven machine. The universal-joint trans­
mission 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 at­
taching the transmission shaft so that when the 
machineiy is uncoupled the transmission shaft and 
its guard are not damaged by contact with the 
ground or part of the machineiy. 
The outside parts of the guard must -be so de­
signed, constructed and arranged that they cannot 
turn with the transmission shaft. The guard must 
cover the transmission shaft to the ends of the in­
ner 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. 
Manufacturers providing means of access to work­
ing positions near to the universal joint transmis­
sion shaft must ensure that shaft guards as de­
scribed 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 13.8.A, in the 
case of internal combustion engines, removable 
guards preventing access to the moving parts in 
the engine compartment need not have locking de­
vices 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 with a lock to prevent unauthorized access. 91/368/EEC - Art. l(6)(g) 
49 
3.5. Protection against other hazards 
3.5.1. Batteries 
The battery housing must be constructed and lo­
cated 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 with the 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 with built-in extinguisher 
systems. 
3.5.3. Emissions of dust, gases, etc. 
Where such hazards exist, the containment equip­
ment provided for in section 1.5.13 may be re­
placed by other means, for example precipitation 
by water spraying. 
The second and third paragraphs of section 1.5.13 
do not apply where the main function of the ma­
chinery 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 such a way 
as to be clearly visible and indelible. 
Without prejudice to the requirements to be ob­
served for travelling on the public highway, ma­
chinery with a ride-on driver must have the follow­
ing equipment: 
— an acoustic warning device to alert exposed 
persons, 
— a system of light signals relevant to the in­
tended conditions of use such as stop lamps, 
reversing lamps and rotating beacons. The 
latter requirement does not apply to machin­
ery intended solely for underground working 
and having no electrical power. 91/368/EEC - Art l(6)(g) 
50 
Remote-controlled machinery which under normal 
conditions of use exposes persons to the hazards 
of impact or crushing must be fitted with appropri­
ate means to signal its movements or with means 
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 warn­
ing 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 hazardous, signs on the machinery 
must be provided to warn against approaching the 
machineiy 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. 
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, 
inN, 
— maximum vertical load provided for by 
the manufacturer on the coupling hook, 
inN. 
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 ma­
chinery, either the actual value or a figure 
calculated from measurements performed on 
identical machinery: 
— the weighted root mean square accelera­
tion value to which the arms are subjec­
ted, if it exceeds 2,5 m/s2; should it not 
exceed 2,5 m/s2, this must be mentioned, 91/368/EEC - Art. l(6)(g) 
51 
— the weighted root mean square accelera­
tion 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 harmonized standards are not applied, 
the vibration must be measured using the most ap­
propriate method for the machinery concerned. 
The manufacturer must indicate the operating 
conditions of the machineiy during measurement 
and which methods were used for taking the mea­
surements; 
(b) in the case of machineiy allowing several uses 
depending on the equipment used, manufac­
turers of basic machinery to which inter­
changeable equipment may be attached and 
manufacturers of the interchangeable equip­
ment must provide the necessary information 
to enable the equipment the be fitted and 
used safely. 
4. ESSENTIAL HEALTH AND SAFETY 
REQUIREMENTS TO OFFSET THE 
PARTICULAR HAZARDS DUE TO A LIFTING 
OPERATION 
Machineiy presenting hazards due to lifting opera­
tions — mainly hazards of load falls and collisions 
or hazards of tippinp caused by a lifting operation 
— must be designed and constructed to meet the 
requirements set out Hlow. 
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 move­
ment The load may consist of objects, materials 
or goods. 
4.1. General remarks 
4.1.1. Definitions 
(a) lifting accessories: 
'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: 
'separate lifting accessories' means accessories 
which help to make up or use a slinging de­
vice, such as eyehooks, shackles, rings, eye-
bolts, etc.; 91/368/EEC - Art l(6)(g) 
93/44/EEC - Art l(10)(m) 
91/368/EEC - Art l(6)(g) 
52 
(c) guided load: 
'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: 
'working coefficient' means the arithmetic ra­
tio between the load guaranteed by the 
manufacturer up to which a piece of equip­
ment, an accessory or machinery is able to 
hold it and the maximum working load 
marked on the equipment, accessory or ma­
chinery respectively; 
(e) test coefficient: 
'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 machineiy and the maximum 
working load marked on the piece of equip­
ment, accessory or machinery, 
(f) static test 
'static test' means the test during which the 
machineiy or the lifting accessory is first in­
spected and subjected to a force correspond­
ing 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 
'dynamic test' means the test during which 
the machinery is operated 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 
machineiy 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 
both in service and out of service, including all 
stages of transportation, assembly and disman­
tling, during foreseeable component failures and 
also during the tests carried out in accordance 
with the instruction handbook. 91/368/EEC - Art l(6)(g) 
53 
To that end, the manufacturer or his authorized 
representative established 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 au­
thorized representative established within the 
Community must, for each type of industrial truck 
concerned, perform a platform stability test or sim­
ilar test, or have such tests performed. 
4.1.2.2. Guide rails and rail tracks 
Machineiy must be provided with devices which 
act on the guide rails or tracks to prevent 
derailment. 
However, if derailment occurs despite such de­
vices, or if there is a failure of a rail or of a run­
ning component, devices must be provided which 
prevent the equipment, component or load from 
falling or the machine overturning. 
4.1.23. Mechanical strength 
Machinery, lifting accessories and removable com­
ponents must be capable of withstanding the 
stresses to which they are subjected, both in and, 
where applicable, out of use, under the installation 
and operating 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 per­
sons. This requirement must also be satisfied dur­
ing transport, assembly and dismantling. 
Machinery and lifting accessories must be designed 
and constructed so as to prevent failure from fa­
tigue or wear, taking due account of their intended 
use. 
The materials used must be chosen on the basis of 
the working environments 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 over­
load in the static tests without permanent de­
formation or patent defect The calculation must 
take account of the values of the static test coeffi­
cient chosen to guarantee an adequate level of 
safety: that coefficient has, as a general rule, the 
following values: 
(a) manually-operated machinery and lifting ac­
cessories: 1,5; 91/368/EEC - Art l(6)(g) 
54 
(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 co­
efficient 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 machin­
ery 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 
machineiy allow for a number of simultaneous 
movements (for example, rotation and displace­
ment of the load), the tests must be carried out 
under the least favourable conditions, Le. as a gen­
eral rule, by combining the movements concerned. 
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 installations 
which are intended from their design to be modi­
fied regularly according to needs for use). Com­
plete ropes and their endings have a working coef­
ficient 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 coeffi­
cient has been attained, the manufacturer or his 
authorized 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 appropriate tests or have such 
tests performed. 91/368/EEC - Art l(6)(g) 
55 
4.125. Separate lifting accessories 
Lifting accessories must be sized with due regard 
to fatigue and ageing processes for a number of 
operating cycles consistent with their 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 guar­
antee 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 co­
efficient is chosen so as to guarantee an ade­
quate 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 manufacture is appropriate to the 
intended use. Should this not be the case, the 
coefficient is, as a general rule, set at a high­
er 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, 91/368/EEC - Art l(6)(g) 
56 
(e) the maximum working capacity of a multi-
legged sling is determined on the basis of the 
safety coefficient of the weakest leg, the num­
ber of legs and a reduction factor which de­
pends on the slinging configuration; 
(f) in order to verify that an adequate working 
coefficient has been attained, the manufactur­
er or his authorized representative established 
within the Community must, for each type of 
component referred 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 machineiy on which they are 
installed is kept safe: 
(a) machineiy must be so designed or fitted with 
devices that the amplitude of movement of its 
components is kept within the specified 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, such ma­
chines 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 de­
signed and constructed that the loads cannot 
creep dangerously or fall freely and unexpect­
edly, even in the event of partial or total fail­
ure of the power supply or when the operator 
stops operating the machine; 
(d) it must not be possible, under normal operat­
ing conditions, to lower the load solely by 
friction brake, except in the case of machin­
ery, whose function requires it to operate in 
that way, 
(e) holding devices must be so designed and 
constructed that inadvertent 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 with persons or equipment 
or other machinery which might be manoeuvring 
at the same time and liable to constitute a hazard. 91/368/EEC - Art. l(6)(g) 
57 
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. 
4.12.8. Lightning 
4.2. Machineiy in need of protection against the effects 
of lightning while being used must be fitted with a 
system for conducting the resultant electrical 
charges to earth. 
Special requirements for machinery whose power 
source is other than manual effort 
42.1. 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 paragraphs, 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 machin­
ery or its equipment must return to their neutral 
position as soon as they are released by the opera­
tor. However, for partial or complete movements 
in which there is no risk of the load or the ma­
chinery colliding, the said devices may be replaced 
by controls authorizing automatic stops at prese­
lected 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 1 000 kilograms or an overturning mo­
ment of not less than 40 000 Nra must be fitted 
with devices to warn the driver and prevent dan­
gerous movements 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. 91/368/EEC - Art. l(6)(g) 
58 
4.23. Risks to exposed persons. Means of access to driving 
position and intervention points 
Machinery with guided loads and machinery whose 
load supports follow a clearly defined path must 
be equipped with devices to prevent any risks to 
exposed persons. 
Machinery serving specific levels at which opera­
tors can gain access to the load platform in order 
to stack or secure the load must be designed and 
constructed to prevent uncontrolled movement of 
the load platform, in particular while being loaded 
or unloaded. 
4.2.4. Fitness for purpose 
When machineiy is placed on the market or is first 
put into service, the manufacturer or his autho­
rized representative established within the Com­
munity must ensure, by taking appropriate mea­
sures or having them taken, that lifting accessories 
and machineiy which are ready for use — wheth­
er 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 machineiy cannot be assembled in the 
manufacturer's premises, or in the premises of his 
authorized representative established within the 
Community, appropriate measures must be taken 
at the place of use. Otherwise, the measures may 
be taken either in the manufacturer's premises or 
at the place of use. 
4.3. Marking 
4.3.1. Chains and ropes 
Each length of lifting chain, 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 authorized representative es­
tablished in the Community and the identifying 
reference of the relevant certificate. 
The certificate should show the information re­
quired by the harmonized standards or, should 
those not exist at least the following information: 
— the name of the manufacturer or his autho­
rized representative established within the 
Community, 
— the address within the Community of the 
manufacturer or his authorized representative, 
as appropriate, 91/368/EEC - Art. l(6)(g) 
93/44/EEC - Art. l(10)(n) 
91/368/EEC - Art l(6)(g) 
59 
— 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 ap­
plied 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. 
43.2. Lifting accessories 
All lifting accessories must show the following 
particulars: 
— identification of the manufacturer, 
— identification of the material (e.g. internation­
al 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 physi­
cally 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 jeopardize 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 con­
figuration of the machine, each driving posi­
tion must be provided with a load plate indi­
cating, preferably in diagrammatic form or by 
means of tables, the nominal loads for each 
configuration. 91/368/EEC - Art. l(6)(g) 
93/68/EEC - Art 6(1) 
60 
Machinery equipped with a load support which al­
lows access to persons and involves a risk of fal­
ling must bear a clear and indelible warning pro­
hibiting the lifting of persons. This warning must 
be visible at each place where access is possible. 
4.4. Instruction handbook 
4.4.1. Lifting accessories 
Each lifting accessory or each commercially indi­
visible batch of lifting accessories must be accom­
panied with an instruction handbook setting out at 
least the following particulars: 
4.4.2. normal conditions of use, 
instructions for use, 
maintenance, assembly and 
— the limits of use (particularly for the accesso­
ries which cannot comply with 4.1.2.6 (e)). 
Machinery 
In addition to section 1.7.4, the instruction hand­
book must include the following information: 
(a) the technical characteristics of the machinery, 
and in particular: 
— where appropriate, a copy of the load ta­
ble described in section 43.3 (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 machin­
ery which is not assembled on the manufac­
turer'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 require­
ments set out below. 91/368/EEC - Art. l(6)(g) 
93/44/EEC - Art l(10)(o) 
93/44/EEC - Art l(10)(p) 
61 
5.1. Risks due to lack of stability 
Powered roof supports must be so designed and 
constructed as to maintain 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. 
53. Lighting 
The requirements laid down in the third paragraph 
of section 1.1.4 do not apply. 
5.4. Control devices 
The accelerator and brake controls for the move­
ment of machineiy running on rails must be manu­
al. 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 displace­
ment operations, operators are sheltered by a sup­
port in place. The control devices must be pro­
tected against any accidental release. 
5.5. Stopping 
Self-propelled machinery running on rails for use 
in underground work must be equipped with a 
deadman's control acting on the circuit controlling 
the movement of the machinery. 
5.6. Fire 
The second indent of 3.5.2 is mandatory in respect 
of machinery which comprise 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 under­
ground working must be fitted only with internal 
combustion engines using fuel with a low vaporiz­
ing pressure and which exclude any spark of elec­
trical origin. 
5.7. Emissions of dust, gases etc 
Exhaust gases from internal combustion engines 
must not be discharged upwards. 91/368/EEC - Art l(6)(g) 
62 
6.1. ESSENTIAL HEALTH AND SAFETY 
REQUIREMENTS TO OFFSET THE 
PARTICULAR HAZARDS DUE TO THE 
LIFTING OR MOVTNG OF PERSONS 
Machineiy presenting hazards due to the lifting or 
moving of persons must be designed and 
constructed to meet the requirements set out 
below. 
General 
6.1.1. Definition 
For the purposes of this Chapter, 'carrier' means 
the device by which persons are supported in or­
der to be lifted, lowered or moved. 
6.1.2 Mechanical strength 
The working coefficients defined in heading 4 are 
inadequate for machineiy intended for the lifting 
or moving of persons and must as a general rule, 
be doubled. The floor of the carrier must be de­
signed and constructed to offer the space and 
strength corresponding to the maximum number of 
persons and the maximum working load set by the 
manufacturer. 
6.13. 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 overloading 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 horizon­
tally in relation to the machinery. 
In operation, those controls must override the oth­
er 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. 93/44/EEC - Art. l(10)(q) 
63 
622. 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 pro­
duced by the movement of the machinery. 
6.23. 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. 
63. Risks of persons falling from the carrier 
63.1. If the measures referred to in 1.1.15 are not ade­
quate, 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 equip­
ment against the danger of falling. 
6.3.2. Any trapdoors in floors or ceilings or side doors 
must open in a direction which obviates any risk 
of falling should they open unexpectedly. 
633. 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. Risks of the carrier falling or overturning 
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 trig­
gered by a safety device and under the maximum 
load and speed conditions laid down by the 
manufacturer, must not cause any danger to ex­
posed persons. 
6.5. Markings 
Where necessary to ensure safety, the carrier must 
bear the relevant essential information. 93/44/EEC - Art. l(10)(q) 
64 
ANNEX II 89/392/EEC 
A. Contents of the EC declaration of conformity for 
machinery (1) 
The EC declaration of conformity must contain the follow­
ing particulars: 
— name and address of the manufacturer or his author­
ized representative established in the Community (2), 
— description of the machineiy (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 noti­
fied body to which the file has been forwarded in ac­
cordance with the first indent of Article 8 (2) (c), 
— where appropriate, the name and address of the noti­
fied body which has carried out the verification re­
ferred to in the second indent of Article 8 (2) (c), 
— where appropriate, a reference to the harmonized 
standards, 
— where appropriate, the national technical standards 
and specifications used, 
— identification of the person empowered to sign on be­
half of the manufacturer or his authorized 
representatives. 
B. Contents of the declaration by the manufacturer or 
his authorized representatives established in the 
Community (Article 4 (2)) ^ 
The manufacturer's declaration referred to in Article 4 (2) 
must contain the following particulars: 
— name and address of the manufacturer or the author­
ized representative, 
— description of the machinery or machinery parts, 
— where appropriate, the name and address of the noti­
fied body and the number of the EC type-examin­
ation certificate, 
(*) 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 block 
- capitals. It must be accompanied by a translation in one of 
the official languages of the country in which the machin­
ery is to be used. This translation must be done in accord­
ance with the same conditions as for the translation of the 
instructions. 
(2) Business name and full address; authorized representatives 
must also give the business name and address of the manufac­
turer. 
(3) Descriptionof the machinery (make, type, serial number.etc). 93/44/EEC - Art. l(ll)(a) 
89/392/EEC 
91/368/EEC - Art 1(7) 
65 
— where appropriate, the name and address of the noti­
fied body to which the file has been forwarded in ac­
cordance with the first indent of Article 8 (2) (c), 
— where appropriate, the name and address of the noti­
fied body which has carried out the verification re­
ferred to in the second indent of Article 8 (2) (c), 
— where appropriate, a reference to the harmonized 
standards, 
— a statement that the machinery must not be put into 
service until the machineiy into which it is to be in­
corporated 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 placed on the market 
separately (*) 
The EC declaration of conformity must contain the follow­
ing particulars: 
— name and address of the manufacturer or his author­
ized representative established in the Community (?), 
— description of the safety component (3), 
— safety function fulfilled by the safety component if 
not obvious from the description, 
— where appropriate, the name and address of the noti­
fied body and the number of the EC type-examin­
ation certificate, 
— where appropriate, the name and address of the noti­
fied body to which the file was forwarded in accord­
ance with the first indent of Article 8 (2) (c), 
— where appropriate, the name and address of the noti­
fied body which carried out the verification referred 
to in the second indent of Article 8 (2) (c), 
— where appropriate, a reference to - the harmonized 
standards, 
— where appropriate, the national technical standards 
and specifications used, 
(*) 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 block 
capitals. It must be accompanied by a translation in one of 
the official languages of the country in which the machin­
ery is to be used. This translation must be done in accord­
ance with the same conditions as for the translation of the 
instructions. 
(2) Business name and full address; authorized representatives 
must also give the business name and address of the 
manufacturer. 
(3) Description of the safety component (make, type, serial 
number, if any, etc.). 91/368/EEC - Art 1(7) 
89/392/EEC 
93/44/EEC - Art l(ll)(c) 
66 
identification of the person empowered to sign on be­
half of the manufacturer or his authorized representa­
tive established in the Community. 93/44/EEC - Art. l(ll)(c) 
67 
ANNEX IU 
CE CONFORMITY MARKING 
The CE conformity marking shall consist of the in­
itials 'CE' taking the following form: 
If the CE marking is reduced or enlarged the propor­
tions 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 machineiy. 93/68/EEC - Art 6(8) 
68 
ANNEX IV 89/392/EEC 
TYPES OF MACHINERY AND SAFETY COMPONENTS 
FOR WHICH THE PROCEDURE REFERRED TO IN 
ARTICLE 8 (2) (b) AND (c) MUST BE APPLIED 
A. Machinery 
1. Circular saws (single or multi-blade) for working with 
wood and analogous materials or for working with 
meat and analogous materials. 
1.1. Sawing machines with fixed tool during operation, 
having a fixed bed with manual feed of the workpiece 
or with a demountable power feed. 
1.2. Sawing machines with fixed tool during operation, 
having a manually operated reciprocating saw-bench 
or 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 machines with movable tool during operation, 
with a mechanical feed device and manual loading 
and/or unloading. 
2. Hand-fed surface planing machines for woodworking. 
3. Thicknessers for one-side dressing with manual load­
ing and/or unloading for woodworking. 
4. Band-saws with a fixed or mobile bed and band-saws 
with a mobile carriage, with manual loading and/or 
unloading, for working with wood and analogous ma­
terials or for working with meat and analogous ma­
terials. 
5. Combined machines of the types referred to in 1 to 4 
and 7 for working with wood and analogous materials. 
6. Hand-fed tenoning machines with several tool holders 
for woodworking. 
7. Hand-fed vertical spindle moulding machines for 
working with wood and analogous materials. 93/44/EEC - "Art. l(12)(a) 
93/44/EEC - Art. l(12)(b) 
93/44/EEC - Art l(12)(c) 
89/392/EEC 
93/44/EEC - Art l(12)(d) 
93/44/EEC - Art. l(12)(e) 
89/392/EEC 
93/44/EEC - Art l(12)(f) 
69 
8. Portable chain saws 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 ex­
ceeding 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: locomotives and brake-vans, 
— hydraulic-powered roof supports, 
— internal combustion engines to be fitted to ma­
chinery for underground working. 
13. Manually-loaded trucks for the collection of house­
hold refuse incorporating a compression mechanism. 
14. Guards and detachable transmission shafts with uni­
versal 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. 
6. Safety components 
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 bi­
manual controls. 
3. Automatic movable screens to protect the presses re­
ferred to in 9, 10 and 11. 
4. Roll-over protection structures (ROPS). 
5. Falling-object protective structures (FOPS). 89/392/EEC 
91/368/EEC - Art 1(8) 
93/44/EEC-Art-l(12)(g) 
93/44/EEC - Art l(12)(h) 
70 
ANNEX V 
EC DECLARATION OF CONFORMITY 
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 manufacturer, or his authorized representa­
tive established in the Community declares that the 
machineiy being placed on the market complies with 
all the essential health and safety requirements apply­
ing to it 
2. Signature of the EC declaration of conformity author­
izes the manufacturer, or his authorized 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 authorized 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 inspec­
tion purposes: 
(a) a technical construction file comprising: 
— an overall drawing of the machinery to­
gether 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 require­
ments, 
— a list of: 
— the essential requirements of this Di­
rective, 
— standards, and 
— other technical specifications, which 
were used when the machinery was de­
signed, 
— a description of methods adopted to elimin­
ate hazards presented by the machinery, 
— if he so desires, any technical report or cer­
tificate obtained from a competent body or 
laboratory (}), 
— if he declares conformity with a harmonized 
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 (*), 89/392/EEC 
93/44/EEC - Art 1(13) 
89/392/EEC 
93/68/EEC - Art 6(1) 
(*) A body or laboratory is presumed competent if it meets 
the assessment criteria laid down in the relevant harmo­
nized standards. 
71 
— a copy of the instructions for the machinery; 
(b) for series manufacture, the internal measures 
that will be implemented to ensure that the ma­
chinery remains in conformity with the provisions 
of the Directive. 
The manufacturer must carry out necessary research 
or tests on components, fittings or the completed ma­
chine to determine whether by its design or construc­
tion, 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 re­
quirements 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 
available within a period of time commensurate 
with its importance. 
It does not have to include detailed plans or any 
other specific information as regards the sub-as­
semblies used for the manufacture of the ma­
chinery unless a knowledge of them is essential 
for verification of conformity with the basic safe­
ty 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 follow­
ing 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 in­
structions for the machinery. 89/392/EEC 
72 
ANNEX VI 
EC TYPE-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 authorized rep­
resentative 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 
authorized representative established in the 
Community and the place of manufacture of the 
machinery, 
— a technical file comprising at least: 
— an overall drawing of the machineiy to­
gether 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 elimin­
ate 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 en­
sure that the machinery remains in conform­
ity with the provisions 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 in­
formation as regards the sub-assemblies used for the 
manufacture of the machinery unless a knowledge of 
them is essential for verification of conformity with 
the basic safety requirements. 
3. The notified body shall carry out the EC type-examin­
ation in the manner described below: 
— it shall examine the technical construction file to 
verify its appropriateness and the machine sup­
plied or made available to it; 89/392/EEC 
93/44/EEC - Art. 1(14) 
89/392/EEC 
73 
6. — 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 in­
tended 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 ap­
plicable to it. 
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 ex­
amination, indicate any conditions to which its issue 
may be subject and be accompanied by the descrip­
tions 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 examina­
tions and tests carried out 
The manufacturer or his authorized representative es­
tablished in the Community 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 manufac­
turer or his authorized representative established in 
the Community whether the EC type-examination cer­
tificate remains valid. 
A body which refuses to issue an EC type-examin­
ation certificate shall so inform the other notified 
bodies. A body which withdraws art EC type-examin­
ation 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. 
The files and correspondence referring to the EC 
type -examination procedures shall be drawn up in an 
official language of the Member State where the noti­
fied body is established or in a language acceptable to 
it 89/392/EEC 
74 
ANNEX VII 
MINIMUM CRITERIA TO BE TAKEN INTO ACCOUNT 
BY MEMBER STATES FOR THE NOTIFICATION OF 
BODIES 
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 verification tests shall not be the de­
signer, manufacturer, supplier or installer of machin­
ery which they inspect, nor the authorized representa­
tive of any of these parties. They shall not become 
either involved directly or as authorized representa­
tives in the design, construction, marketing or main­
tenance of the machinery. This does not preclude the 
possibility of exchanges of technical information be­
tween the manufacturer and the body. 
2. The body and its staff shall cany 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 influence their judgement or the results 
of the inspection, especially from persons or groups of 
persons with an interest in the result of verifications. 
3. The body shall have at its disposal the necessary staff 
and possess the necessary facilities to enable it to per­
form 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 
such tests, 
— the ability to draw up the certificates, records 
and reports required to authenticate the per­
formance of the tests. 
5. The impartiality of inspection staff shall be guaran­
teed. 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. 89/392/EEC 
93/44/EEC - Art. 1(15) 
89/392/EEC 
75 
7. The staff of the body shall be bound to observe pro­
fessional secrecy with regard to all information gained 
in carrying out its tasks (except vis-à-vis the compet­
ent 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. 89/392/EEC 
76 
Directive 89/392/EEC 
and its following amendments: ANNEXVIII 
Part A 
Repealed Directives 
(referred to by Article 14) 
— Directive 91/368/EEC 
— Directive 93/44/EEC 
— Directive 93/68/EEC only Article 1 
only Article 6 
77 
Part B 
List of deadlines for transposition and application into national law 
(referred to by Article 14) 
DIRECTIVE 
89/392/EEC (OJ No L 183, 29. 6. 1989, p. 9) 
91/368/EEC (OJ No L 198, 22 7.1991, p. 16) 
93/44/EEC (OJ No L 175,19. 7.1993, p. 12) 
93/68/EEC (OJ No L 220, 30. 8.1993, p. 1) DEADLINE FOR 
TRANSPOSITION 
1 January 1992 
1 January 1992 
1 July 1994 
1 Julv 1994 DATE OF APPLICATION 
— Starting from 1 January 1993; 
— Starting from 1 July 1995 for the products 
referred to by Directives 86/295/EEC, 
86/296/EEC and 86/663/EEC (l). 
Starting from 1 January 1993. 
— Starting from 1 January 1995 (2); 
— Starting from 1 July 1994 (2); 
— Article 1 (10), with the exception of 
points (a), (b) and (q); 
— Article 1 (11) (a) and (b); 
— Article 1 (12) (c), (d), (e) and (f). 
Starting from 1 January 1995 (3). 
(*) For the period ending on 31 December 1994, the Member States should have authorized, except for the products referred to 
by Directives 86/295/EEC, 86/2%/EEC and 86/663/EEC for which this period was ending on 31 December 1995, the placing 
on the market and bringing into service of machinery which comply with the national provisions 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 bringing into 
service of machinery for the lifting or moving of persons as well as safety components which comply with the national provi­
sions in force in their territories on 22 July 1993. 
(3) Until 1 January 1997 Member States shall allow the placing on the market and bringing into service of products which comply 
with the marking arrangements in force before 1 January 1995. 
78 
ANNEX IX 
CORRELATION TABLE 
Directive 89/392/EEC This Directive 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article (1) 
2), first subparagraph 
2), second subparagraph 
2), third subparagraph 
2), fourth subparagraph 
3) 
4) 
5) 1 ( 
i c 
i c 
1 ( 
1 ( 
1 ( 
1 (' 
1 ( 
2 
3 
4 
5 
6 
7 
8(1) 
8(2) 
8(3) 
8(4) 
8 (4a) 
8(5) 
8(6) 
8(7) 
9 
10 
11 
12 
13(1) 
13(2) 
13(3) 
13(4) 
Annex I 
Annex II 
Annex III 
Annex IV 
Annex V 
Annex VI 
Annex VII Article 1 (1) 
Article 1 (2), point (a), first indent 
Article 1 (2), point (a), second indent 
Article 1 (2), point (a), third indent 
Article 1 (2), point (b) 
Article 1 (3) 
Article 1 (4) 
Article 1 (5) 
Article 2 
Article 3 
Article 4 
Article 5 
Article 6 
Article 7 
Article 8 (1) 
Article 8 (2) 
Article 8 (3) 
Article 8 (4) 
Article 8 (5) 
Article 8 (6) 
Article 8 (7) 
Article 8 (8) 
Article 9 
Article 10 
Article 11 
Article 12 
Article 13 (1) 
Article 13 (2) 
Article 14 
Article 15 
Article 16 
Annex I 
Annex II 
Annex III 
Annex IV 
Annex V 
Annex VI 
Annex VII 
Annex VIII 
Annex IX 
79 



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