No C 70/6 Official Journal of the European Communities 20. 3. 89 
Proposal for a Council Directive on the approximation of the laws of the Member States on mobile 
machinery 
COM(88) 740 final — SYN 175 
(Submitted by the Commission on 16 January 1989) 
(89/C 70/02) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 100A 
thereof, 
Having regard to the proposal from the Commission, 
In cooperation with the European Parliament, (5) Whereas the mobile machinery sector is an important 
part of the engineering industry and is one of the 
industrial mainstays of the Community economy; 
(6) Whereas paragraphs 65 and 66 of the White paper on 
the completion of the internal market, approved by 
the European Council in June 198.5, provide for a new 
approach to the approximation of laws; 
Having regard to the opinion of the Economic and Social 
Committee, 
(1) Whereas Member States have the responsibility of 
ensuring the health and safety on their territory of the 
public and, where appropriate, of domestic animals 
and goods and, in particular, of workers notably in 
relation to the hazards arising out of the use of mobile 
machinery; 
(2) Whereas, in the Member States, the legislative systems 
regarding accident prevention are very different; 
whereas the relevant compulsory provisions, 
frequently supplemented by de facto mandatory 
technical specifications and/or voluntary standards, 
do not necessary lead to different levels of health and. 
safety, but nevertheless, owing to their disparities, 
constitute barriers to trade within the Community; 
whereas, furthermore, conformity certification and 
national certification systems for machinery differ 
considerably; 
(3) Whereas existing national health and safety provisions 
providing protection against the hazards caused by 
mobile machinery must be approximated to ensure 
free movement of mobile machinery without lowering 
existing justified levels of protection in the Member 
States; whereas the provisions of this Directive 
concerning the design and construction of mobile 
machinery, which are essential for a safer working 
environment, are not incompatible either with specific 
provisions, based on Article 118a of the Treaty, 
regarding the use of machinery and organization of 
safety of workers in the working environment; 
(4) Whereas the mobility of these machines introduces 
hazards which are not covered by the essential 
requirements of Council Directive... on the approxim­
ation of the laws of the Member States relating to 
machinery; and whereas the risks covered by the 
aforementioned Directive require that the essential 
requirements should be formulated in a different 
manner; (7) Whereas the social cost of the large number of 
accidents caused directly by the use of mobile 
machinery can be reduced by inherently safe design 
and construction of mobile machinery and by proper 
installation and maintenance; 
(8) Whereas the field of application of the Directive must 
be based on a general definition of the term 'mobile 
machinery' so as to allow the technical development of 
products; whereas this Directive should apply to 
mobile machinery used in mines; 
(9) Whereas Community law, in its present form, 
provides — notwithstanding one of the fundamental 
rules of the Community, namely the free movement of 
goods — that obstacles to movement within the 
Community, resulting from disparities in national 
legislation relating to the marketing of products, must 
be accepted in so far as such requirements can be 
recognized as being necessary to satisfy imperative 
requirements; whereas, therefore, the harmonization 
of laws in this case must be limited only to those 
requirements necessary to satisfy the imperative 
requirements and essential health and safety require­
ments relating to mobile machinery; whereas these 
requirements must replace the relevant national 
requirements because they are essential; 
(10) Whereas the essential health and safety requirements 
must be satisfied in order to ensure that mobile 
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 technical and 
economic requirements; 
[11) Whereas the use of mobile machinery within the 
meaning of this Directive can relate only to the use of 
the mobile machinery itself as intended by the 
manufacturer; whereas this does not preclude the 
20. 3. 89 Official Journal of the European Communities No C 70/7 
laying down of conditions of use external to the 
mobile machinery, provided that it is not therefore 
modified in a way not specified in this Directive; 
whereas consumers may use machines coming within 
the scope of this Directive; 
(12) Whereas for trade fairs, exhibitions, etc. it must be 
possible to exhibit demonstration mobile machinery 
which, for the needs of the demonstration, does not 
conform to the Directive; whereas, however, the 
persons concerned should be properly informed of 
such non-conformity and that such mobile machinery 
cannot be purchased in that condition; 
(13) Whereas therefore this Directive defines only the 
essential health and safety requirements of general 
application; whereas in order to help manufacturers 
to prove conformity to these essential requirements it 
is desirable to have standards harmonized at European 
level for the prevention of hazards arising out of the 
design and construction of machinery and in order to 
allow checks of conformity to the essential require­
ments; 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 Standardiz­
ation (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 in 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 Commission in accordance with the provi­
sions of Council Directive 83/189/EEC of 28 March 
1983 laying down a procedure for the provision of 
information in the field of technical standards and 
regulations (!), as amended by Directive 88/182/ 
EEC (2), and on the basis of the general guidelines 
referred to above; 
(14) Whereas, while awaiting the adoption of harmonized 
standards within the meaning of this Directive, 
conformity to the essential requirements and the free 
movement of mobile machinery should be facilitated 
by the acceptance, at Community level, of products 
conforming to the national standards adopted, on a 
temporary basis, with the aid of a Community 
checking procedure to ensure that national standards 
satisfy the essential requirements of this Directive; 
whereas to this end, in view of the general and 
horizontal role which the committee set up by 
Article 5 of Directive 83/189/EEC has in Community 
standardization policy, and more particularly its role 
in the preparation of standardization remits and the 
operation of the standstill procedure in European and 
national standardization, that committee is most 
(J) OJ No L 109, 26. 4. 1983, p. 8. 
(2) OJ No L 81, 26. 3. 1988, p. 75. appropriate to assist the Commission in carrying out 
Community checks of the conformity of national 
standards; whereas both sides of industry, par­
ticularly labour organizations, must be properly 
consulted concerning the standardization and man­
agement work relating to this Directive; 
(15) Whereas, in line with current general practice in 
Member States, manufacturers should retain respons­
ibility for certifying the conformity of their mobile 
machinery to the relevant essential requirements; 
whereas conformity to harmonized standards creates 
a presumption of conformity to the relevant essential 
requirements; whereas it is left to the sole discretion of 
the manufacturer, where he feels the need, to have his 
products examined and certified by a third party; 
(16) Whereas a stricter certification procedure is desirable 
for certain types of mobile machinery or components 
thereof that have a greater risk potential; whereas it is, 
however, sufficient to make EC type-examination 
mandatory only where the harmonized standards 
concerned are not, or only partly, complied with; 
whereas this EC type-examination procedure may be 
followed by an EC declaration by the manufacturer 
without a stricter system such as quality assurance, EC 
verification or EC monitoring being necessary; 
(17) Whereas it is essential that the manufacturer or his 
authorized representative established in the Com­
munity prepare a technical construction dossier before 
drawing up the EC declaration of conformity; 
whereas, however, it is not essential for all the 
documentation to exist permanently in a material 
manner but it must be possible to make it available on 
demand; whereas it need not include detailed plans of 
the sub-assemblies used for the manufacturer of 
mobile machinery, unless a knowledge of them is 
essential for verification of conformity with the basic 
health and safety requirements; 
(18) Whereas the mere fact of not being able to present the 
technical construction dossier following a reasoned 
request by a Member State may be taken as a 
presumption of the non-conformity of mobile ma­
chinery ; 
(19) Whereas it is necessary not only to ensure free 
movement and the putting into service and use of 
mobile machinery or accessories for such machinery 
bearing the EC mark and having an EC conformity 
certificate; whereas it is also necessary to ensure free 
movement of mobile machinery not bearing the EC 
mark where it is to be incorporated into other mobile 
machinery or assembled with other mobile machinery 
to form a complex installation; whereas nevertheless 
such mobile machinery cannot be put into service or 
No C 70/8 Official Journal of the European Communities 20. 3. 89 
use until it has been certified for conformity since, in 
the absence of the EC mark, it must be regarded as not 
ready for use; 
(20) Whereas the Member States' responsibility for safety, 
health and the other aspects covered by the essential 
requirements on their territory must be recognized in a 
safeguard clause providing for adequate Community 
protection procedures; 
(21) Whereas the addressees of any decision taken under 
this Directive must be informed of the reasons for such 
a decision and the means of appeal open to them; 
(22) Whereas the measures aimed at the gradual establish­
ment of the internal market must be adopted by 
31 December 1992; whereas the internal market 
consists of an area without internal frontiers within 
which the free movement of goods, persons, services 
and capital is guaranteed. 
HAS ADOPTED THIS DIRECTIVE: 
CHAPTER I 
Scope, placing on the market and freedom of movement 
Article 1 
1. This Directive applies to mobile machinery and lays 
down essential health and safety requirements for such 
machinery. 
2. For the purposes of this Directive, 'mobile machinery' 
means an appliance, plant, machine or equipment which 
operates in working areas and whose operation requires 
either mobility while working, or continuous or semi-
continuous movement between a succession of fixed 
working positions. Mobile machinery may be self-
propelled, towed, pushed or carried by other mobile 
machinery or tractors. 
— Working areas may be, in particular, building sites, civil 
engineering works, dredging works, thoroughfares, 
mines, quarries, sports grounds, fields, meadows, 
woodland, forests, green spaces, mushroom beds, 
glasshouses, farm buildings, stretches of water, etc. 
— Mobile machinery may work, in particular, as graders, 
dumpers, harrows, ploughs, sowing and spreading 
machines, crop treatment machines, harvesting ma­
chines, trailers, etc. 
— Mobile machinery which works with a continuous or 
semi-continuous movement between a succession of fixed working positions includes in particular hydraulic 
shovels, drills, refuse trucks, certain harvesting ma­
chines, pile drivers, etc. 
3. Complete interchangeable accessories or equipment 
intended to perform a given task and generally fitted to 
mobile machinery by the user himself, whether or not made 
by the same manufacturer, should be regarded as 
independent mobile machinery. 
4. This Directive applies to agricultural and forestry 
tractors not covered by the specific Directives in force. 
5. The following are excluded from the scope of this 
Directive: 
— mobile machinery whose principal function is lifting, 
— mobile machinery whose only power source is directly 
applied manual effort, 
— means of transport, namely vehicles intended solely for 
transporting passengers or goods by road, rail, on water 
or by air, and which are not directly involved in a given 
type of work, 
— mobile machinery with a medical usage, 
— all mobile machinery corresponding to the above 
definition and covered by an EEC Directive containing 
essential health and safety requirements or technical 
design and construction requirements relating to health 
and safety in respect of the hazards covered by such a 
Directive. 
6. Where a machine is covered by the Low Voltage 
Directive, that Directive shall apply if the hazards of 
electrical origin are greater than the hazards covered by this 
Directive. 
Article 2 
1. Member States shall take all appropriate measures to 
ensure that mobile machinery may be placed on the market 
and put into service and use only if it does not endanger the 
health or safety of persons, domestic animals or property, 
when properly installed and maintained, and used for its 
intended purpose. 
2. The provisions of the Directive shall not affect 
Member States' entitlement to lay down, with due 
observance of the Treaty, such requirements as they may 
deem necessary to ensure that workers are protected when 
using the mobile machinery in question, provided that this 
does not mean that the mobile machinery is modified in a 
way not specified in the Directive. 
20. 3. 89 Official Journal of the European Communities No C 70/9 
3. Inspections carried out by Member States in the 
exercise of their obligations under paragraph 1 shall be 
limited to the provisions of this Directive. 
4. At trade fairs, etc., Member States shall not prevent the 
showing of demonstration mobile machinery which, for the 
needs of the demonstration, does not comply with the 
provisions of this Directive, provided that an appropriate 
sign clearly indicates that such mobile machinery does not 
comply and that it is not for sale until it has been brought 
into compliance by the manufacturer or his agent 
established in the Community. 
Article 3 
Mobile machinery shall satisfy the essential safety 
requirements set out in Annex I. 
Article 4 
1. Member States shall not prohibit, restrict or impede 
the placing on the market, putting into service or use on 
their territory of mobile machinery which complies with 
the provisions of this Directive, bears the EC mark and is 
accompanied by the EC declaration of conformity. 
2. Member States shall not prohibit, restrict or impede 
the placing on the market of mobile machinery, even where 
no EC mark is affixed, which is intended to be incorporated 
into mobile machinery or assembled with other mobile 
machinery to constitute mobile machinery. Member States 
shall not, however, permit the putting into service or use of 
such mobile machinery unless the mobile machinery has 
been declared to be in conformity with the provisions of the 
Directive and the EC mark has been affixed. 
This paragraph shall not apply in the case of interchange­
able equipment which is generally incorporated into or 
fitted to basic mobile machinery by the user. 
Article 5 
1. Member States shall presume conformity with the 
essential health and safety requirements referred to in 
Article 3 in respect of mobile machinery bearing the EC 
mark and accompanied by an EC declaration of con­
formity. 
2. Where a national standard transposing a harmonized 
standard, the reference of which has been published in the 
Official Journal of the European Communities, covers one 
or more of the essential health and safety requirements, 
mobile machinery constructed in accordance with this 
standard shall be presumed to comply with the relevant 
essential requirements. 
Member States shall publish the references of national 
standards transposing harmonized standards. 3. In the absence of harmonized standards, the national 
standards referred to in paragraph 4 shall create the same 
presumption of conformity. 
4. Member States shall communicate to the Commission 
the texts of their national standards which they consider to 
conform to one or more essential safety requirements. The 
Commission shall notify such texts forthwith to the other 
Member States. In accordance with the procedure provided 
for in Article 6(2), it shall notify the Member States of those 
national standards in respect of which there is presumption 
of conformity with the essential requirements. 
Member States shall publish the reference numbers of those 
standards. The Commission shall also publish these 
references in the Official Journal of the European 
Communities. 
Article 6 
1. Where a Member State or the Commission considers 
that the harmonized standards referred to in Article 5(2) do 
not entirely satisfy the relevant essential requirements 
referred to in Article 3, the Commission or the Member 
State concerned shall bring the matter before the Standing 
Committee set up under Directive 83/189/EEC, hereinafter 
referred to as 'the Committee', giving the reasons therefor. 
The Committee shall deliver an opinion without delay. 
Upon receipt of the Committee's opinion, the Commission 
shall inform the Member States whether or not it is 
necessary to withdraw those standards from the publi­
cations referred to in Article 5(2). 
2. After receipt of the communication referred to in 
Article 5(4) the Commission shall consult the Committee. 
Within one month of receiving the latter's opinion, the 
Commission shall inform the Member States whether or 
not the national standard in question shall enjoy presump­
tion of conformity and, if so, whether the references thereof 
must be published nationally. 
If the Commission or a Member State considers that a 
national standard no longer satisfies the necessary 
conditions for presumption of conformity with the 
essential safety requirements referred to in Article 3, the 
Commission shall consult the Committee. Upon receipt of 
the latter's opinion, the Commission shall inform the 
Member States whether or not the standard in question 
shall continue to enjoy presumption of conformity and, if 
not, whether it must be withdrawn from the publications 
referred to in Article 5(4). 
Article 7 
1. Where a Member State ascertains that mobile 
machinery bearing the EC mark and used in accordance 
with its intended purpose is liable to endanger the safety of 
persons, domestic animals or property, it shall take all 
appropriate measures to withdraw such mobile machinery 
from the market, prohibit its placing on the market, putting 
into service or use, or restrict its free movement. 
No C 70/10 Official Journal of the European Communities 20. 3. 89 
The Member State shall immediately inform the Commis­
sion of any such measure, indicating the reasons for its 
decision and, in particular, whether non-conformity is due 
to: 
(a) failure to satisfy the essential requirements set out in 
Annex I; 
(b) incorrect application of the standards referred to in 
Article 5; 
(c) shortcomings in the standards referred to in Article 5 
themselves. 
2. The Commission shall consult the parties concerned 
without delay. Where the Commission considers, after 
such consultation, that the action is justified it shall 
immediately so inform the Member State which took the 
initiative and the other Member States. Where the decision 
referred to in paragraph 1 is based on a shortcoming in the 
standards, and where the Member State taking the decision 
maintains its position, the Commission shall immediately 
inform the Committee and initiate the procedures referred 
to in Article 6. 
3. Where mobile machinery which does not comply bears 
the EC mark, the competent Member State shall take 
appropriate action against whomsoever has affixed the 
mark and shall so inform the Commission and the other 
Member States thereof. 
CHAPTER II 
Certification procedure 
Article 8 
1. In order to certify the conformity of mobile machinery 
with the terms of this Directive, the manufacturer or his 
authorized representative established in the Community 
shall issue an EC conformity declaration as set out in 
Annex II for each mobile machine manufactured, and affix 
to it the EC mark referred to in Article 10. 
2. Before placing on the market, the manufacturer, or his 
authorized representative established in the Community: 
(a) if the mobile machinery is not covered by Annex IV or if 
it is covered but is manufactured in accordance with the 
standards referred to in Article 5, shall make up a 
dossier as provided for in Annex V; 
(b) if the mobile machinery is covered by Annex IV but is 
manufactured without satisfying all or part of the 
standards referred to in Article 5, shall submit a model 
of mobile machinery for EC type examination as 
referred to in Annex VI. 
3. Where paragraph 2(a) applies, the EC declaration of 
conformity must certify conformity only to the essential 
requirements of the Directive, and the EC mark must 
conform to the model set out in Annex III. 
Where paragraph 2(b) applies, the EC declaration of 
conformity must certify conformity to the model which has 
undergone an EC type examination, and the EC mark must 
conform to the model set out in Annex III. 4. Where neither the manufacturer nor his agent 
established in the Community has complied with his 
obligations under paragraphs 1, 2 and 3, these obligations 
shall fall to any person placing the mobile machinery on the 
market in the Community. The same obligations shall 
apply to anyone assembling mobile machinery or parts 
thereof of various origins or constructing mobile ma­
chinery for his own use. 
Article 9 
1. Each Member State shall notify the Commission and 
the other Member States of the bodies it has designated to 
carry out the certification procedures referred to in 
Article 8(2) (b). The Commission shall publish, for 
information, a list of these bodies in the Official Journal of 
the European Communities and keep that list up to date. 
2. Member States must apply the criteria set out in 
Annex VII for the assessment of the bodies to be notified. 
Bodies which satisfy the assessment criteria laid down in 
the relevant harmonized standards shall be presumed to 
comply with the said criteria. 
3. A Member State which has designated a body must 
withdraw its notification if it finds that the body no longer 
satisfies the criteria set out in Annex VII. It shall 
immediately inform the Commission and the other 
Member State thereof. 
CHAPTER III 
EC mark 
Article 10 
1. The EC mark shall consist of the symbol 'CE' in 
conformity with the model given in Annex HI followed by 
the last two digits of the year in which the mark was 
affixed. 
2. The EC mark shall be affixed to mobile machinery in 
accordance with point 1.6.3 of Annex I. 
3. The affixing to mobile machinery of marks or 
inscriptions which, owing to their design or position, are 
liable to be confused with the EC mark shall be prohibited. 
CHAPTER IV 
Final provisions 
Article 11 
Any decision taken pursuant to this Directive shall state the 
exact grounds on which it is based. Such a decision shall be 
notified as soon as possible to the party concerned, who 
20. 3. 89 Official Journal of the European Communities No C 70/11 
shall at the same time be informed of the legal remedies They shall apply these provisions from 1 January 1993. 
available to him under the laws in force in the Member 
State in question and of the time limits to which such 2. Member States shall communicate the texts of the 
remedies are subject. provisions of national law which they adopt in the field 
Article 12 covered by this Directive to the Commission. 
1. Member States shall adopt and publish the laws, 
regulations and administrative provisions necessary in Article 13 
order to comply with this Directive before 1 January 1991. 
They shall forthwith inform the Commission thereof. This Directive is addressed to the Member States. 
ANNEX I 
ESSENTIAL HEALTH AND SAFETY REQUIREMENTS 
PRELIMINARY OBSERVATIONS 
The preliminary observations of the proposal for a Directive COM(87) 564 final, as amended by COM(88) 267 
final, relating to machinery apply. 
1.1. General 
1.1.1. Definitions 
The definitions of paragraph 1.1.1 of the proposal for a Directive COM(87) 564 final, as amended by 
COM(88) 267 final, relating to machinery apply with the following additions: 
'4. "working area" means any area near mobile machinery in which the machinery and/or its tools 
move in order to carry out the work; 
5. "driver" means an operator authorized to supervise the movement of mobile machinery; he may 
also carry out other tasks as appropriate, either from his driving position or from another 
working position; in certain cases mobile machinery may be controlled by two operators. 
Notes: 
(1) The driver may: 
— be carried by the mobile machinery itself — called a "ride-on-driver", 
— move in the immediate vicinity of the mobile machinery — called "pedestrian control", 
— or stay in a fixed or movable position, with remote control of the mobile machinery. 
(2) Mobile machinery must always be moved by a driver, but may have other working positions 
than the one occupied by the driver when he is driving the mobile machinery; mobile 
machinery may also be controlled by several operators working together.' 
1.1.2. Principles of inherently safe design 
Paragraph 1.1.2 of the proposal for a Directive COM(87) 564 final, as modified by COM(88) 267 
final, relating to machines shall apply with the exception of point 1.1.2 g) which is replaced by: 
'— The manufacturer, when designing and constructing machines which could equally be intended 
for use by non-professional operators, should take into account the possibilities for taking 
No C 70/12 Official Journal of the European Communities 20. 3. 89 
general safety precautions which could reasonably be expected in a non-professional work 
place. 
1.1.3. Materials and products 
Paragraph 1.1.3 of the proposal for a Directive COM (87) 564 final, as amended by COM(88) 267 
final, relating to machinery applies. 
1.1.4. Lighting 
Paragraph 1.1.4 of the proposal for a Directive COM(87) 564 final, as amended by COM(88) 267 
final, relating to machinery applies, with the following changes: 
The first paragraph is replaced by the following: 
'If the manufacturer envisages use at night or in dark places, mobile machinery must be fitted with 
lighting appropriate to the work to be carried out, allowing adequate vision of the working area, 
without prejudice to any requirements of the highway code or other applicable regulations (such as 
navigation lights)'. 
The third paragraph is replaced by the following: 
'If certain internal parts require frequent inspection they must be provided with appropriate lighting 
or devices for connection of additional lighting. The same applies to adjustment and maintenance 
areas. This requirement does not apply to mobile machinery intended solely for underground 
working.' 
1.1.5. Design of mobile machinery for handling purposes 
Paragraph 1.1.5 of the proposal for a Directive COM(87) 564 final, as amended by COM(88) 267 
final, relating to machinery applies, except for the first indent of the first paragraph, which is 
replaced by the following: 
'— be capable of being installed and removed safely, for example: stability must be ensured; there 
must be no dangerous movement when mobile machinery is handled in accordance with the 
manufacturer's instructions, etc.'. 
1.2. Controls 
1.2.1. Driving position 
The driving position must be so designed and constructed that all manoeuvres necessary for the 
operation of the mobile machinery can be performed by the driver from the driving position without 
risk or excessive fatigue. 
If the dimensions of mobile machinery and/or its conditions of use allow, ride-on drivers must be 
housed in a driver's cab. 
Such cabs must: 
— comprise a seat, unless the driver has to work in a standing position, 
— and must be designed and constructed to protect the driver against bad weather and extreme 
climatic conditions, 
— and allow rapid evacuation. 
The materials used for the cab and its fittings must be fire-resistant. 
Depending on the work to be carried out and the climatic conditions or the place of use, the cab must 
be designed, constructed and/or equipped to ensure that the driver enjoys good working conditions 
(e.g. ventilation, heating, visibility, noise reduction, protection against falling objects and rollover 
protection). 
Visibility from the driving position must be such that the driver can operate the mobile machinery 
and its tools in the intended conditions of use in complete safety for himself and the exposed persons. 
Where necessary, optical aids must be provided to remedy inadequate direct vision. 
20. 3. 89 Official Journal of the European Communities No C 70/13 
There may be two or more driving positions to facilitate forward and reserve manoeuvres of the 
mobile machinery; in this case each driving position must be provided with all the necessary 
controls. Where the various driving positions are not in direct line of sight of one another, mobile 
machinery must be so designed and constructed that the use of one of them precludes the use of the 
others. 
Mobile machinery must be so designed and constructed that there can be no accidental contact with 
the wheels or tracks from the driving position. The driving position must be so designed and 
constructed as to avoid any health risk due to exhaust gases and/or a lack of oxygen. 
1.2.2. Seating 
The driving seat of any mobile machinery must keep the driver in a stable position, be comfortable 
and easily adapted to drivers of different weights and heights. 
Where mobile machinery is fitted with a rollover protection structure, the seat must be equipped 
with a safety belt or equivalent device which does not restrict movement due to the suspension or 
required when driving. 
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 seat, the driver must have footrests covered with a non-slip 
material. 
If operators other than the driver are occasionally or regularly carried by mobile machinery, 
appropriate places, preferably equipped with seats, must be provided to transport them without risk. 
Seats, where provided, must comply with the characteristics set out above. 
1.2.3. Safety and reliability of controls 
Paragraph 1.2.1 of the proposal for a Directive COM(87) 564 final, as amended by COM(88) 267 
final, relating to machinery applies. 
1.2.4. Control devices 
Paragraph 1.2.2 of the proposal for a Directive COM(87) 564 final, as amended by COM(88) 267 
final, relating to machinery applies, with the following amendments. 
Add the following as an introduction: 
'The driver must be able to operate all the controls as required to operate the mobile machinery from 
the driving position, except for functions which can be safely activated using controls located away 
from the driving position. This relates in particular to working positions other than the driving 
position or for which the driver has to leave the driving position in order to carry out the manoeuvre 
in complete safety.' 
Add the following at the end of the sixth indent: 
'— Where there are pedals they must be of an appropriate shape, size and spacing; they must have a 
non-slip surface and be easy to clean. 
— Brake, accelerator and clutch pedals, and reversing pedals where fitted, must be designed, 
constructed and arranged so that they can be operated without risk of confusion. 
— The functions of the various pedals must be clearly indicated in the instruction manual and in a 
legible and indestructible position visible at all times to the driver in his normal driving position. 
— The accelerator and brake controls for the movement of mobile machinery running on rails for 
use in underground mines must be manual. The dead-man's control may be foot operated, 
however. 
No C 70/14 Official Journal of the European Communities 20. 3. 89 
— In the case of wheeled mobile machinery, the steering system must be designed to reduce the force 
of sudden movements of the steering wheel or steering lever, caused by the reaction of the steered 
wheels.' 
The following is added at the end of the paragraph: 
'Where their operation can lead to hazards, notably dangerous movements, the controls of mobile 
machinery, except those having several predetermined positions, must return to the neutral position 
as soon as they are released by the operator. 
Where self-propelled machinery has working positions other than the main driving position, it must 
be possible to lock the controls located in these positions from the main driving position. 
Any control that locks the differential must be so designed and arranged that it allows the differential 
to be unlocked when the machinery is moving. 
The controls of powered roof supports must be designed and laid out so that during displacement 
operations the operators are sheltered by a support in place. The controls should be protected 
against all unexpected activation.' 
1.2.5. Starting 
It must be possible to start mobile machinery, restart it after a stoppage for whatever reason, or make 
a significant change in the speed only by voluntary action of a control provided for the purpose, 
except in the case of the normal operation of an automatic device. 
Movements of mobile machinery with a ride-on driver must be possible only if the driver is at his 
driving position and is sure that he can control the mobile machinery. 
Movements of pedestrian-controlled mobile machinery must be possible only while there is 
sustained action on the relevant control by the driver; where no such device is provided, an 
emergency stop device must be fitted. 
All mobile machines must have a means of preventing unauthorized starting. 
The starter must function only if appropriate measures have been taken (e.g. clutch disengaged, 
gearbox in neutral, etc.) to ensure that no unintended movement of the mobile machinery or its tools 
can result. 
It must be possible to start internal combustion engines without the help of dangerous auxiliary 
facilities. 
1.2.6. Stopping devices 
Paragraph 1.2.4 of the proposal for a Directive COM(87) 564 final, as amended by COM(88) 267 
final, relating to machinery applies, preceded by the following: 
'Normal stopping 
Without prejudice to the requirements of road traffic regulations, self-propelled mobile machinery 
and trailers must meet the requirements for slowing down, stopping, braking and immobilization so 
as to ensure safety under all conditions of service, loading, speed, ground conditions and gradient 
envisaged by the manufacturer and corresponding to situations usually encountered. 
The driver must be able to slow down and stop self-propelled mobile machinery by means of a main 
device. In case of failure of the main brake, a fully independent and easily accessible emergency brake 
must be provided for slowing down and stopping. 
A purely mechanical parking device must be provided to keep stationary equipment immobile; this 
parking brake must be latching and may be combined with one of the devices referred to in the 
preceding paragraph. 
20. 3. 89 Official Journal of the European Communities No C 70/15 
Mobile machinery which is remote controlled (by cables, radio, etc.) must be designed and 
constructed to stop automatically if the driver loses control. 
Self-propelled machinery running on rails, for use in underground mines must be equipped with a 
dead-man control acting on the circuit controlling the movement of the machinery.' 
1.2.7. Reversing 
In the case of pedestrian-controlled mobile machinery it must be possible to engage the reversing 
control only if this is not hazardous; the reversing speed must be such that it does not endanger the 
driver. 
In the case of pedestrian-controlled agricultural and forestry machinery with a rear-mounted rotary 
tool, it must be possible to engage the reversing control only after disengaging the tools. If, however, 
the machine is propelled by the tool, the reversing speed must be such that it does not endanger the 
driver. 
Where the accompanying driver's usual standing position is in the path of the mobile machinery 
when it is in reverse, the machine must be so designed and constructed as to avoid any risk of 
crushing if the driver falls (for example by use of a control requiring sustained action). 
1.2.8. Mode selection 
Paragraph 1.2.5 of the proposal for a Directive COM(87) 564 final, as amended by COM(88) 267 
final, relating to machinery applies. 
1.2.9. Power supply failure 
Paragraph 1.2.6 of the proposal for a Directive COM(87) 564 final, as amended by COM(88) 267 
final, relating to machinery applies. 
1.2.10. Control circuit failure 
Paragraph 1.2.7 of the proposal for a Directive COM(87) 564 final, as amended by COM(88) 267 
final, relating to machinery applies with the following addition: 
'— Failure of power-assisted steering, where fitted, must not prevent mobile machinery from being 
steered during the time required to park it in a place which is not dangerous.' 
1.3. Protection against mechanical hazards 
1.3.1. Stability 
Mobile machinery, components and fittings thereof must be so designed and constructed that they 
are sufficiently stable, under the intended operating conditions, in use, storage or parking, without 
risk of overturning, falling or unforseeable movement. 
Powered roof supports must be so designed and constructed as to maintain an adequate orientation 
when moving and not to slip before they come under load. They must be equipped with anchorages 
for the top plates of the individual hydraulic props themselves. 
1.3.2. Uncontrolled movements 
When a part of a mobile machine has been stopped, any drift away from the stopping position, for 
whatever reason other than action on the controls, must be such that it is not a hazard to exposed 
persons. 
Mobile machinery must be so designed and constructed as to reduce the amplitude of movement of 
its centre of gravity and to eliminate hazards due to such movement. 
1.3.3. Risk of break-up during operation 
Paragraph 1.3.2 of the proposal for a Directive COM(87) 564 final, as amended by COM(88) 267 
final, relating to machinery applies, the fourth paragraph being amended as follows: 
No C 70/16 Official Journal of the European Communities 20. 3. 89 
'Parts of mobile machinery rotating at high speed which, despite the measures taken, may break up 
or disintegrate, must be mounted and guarded in such a way that during breakage their fragments 
will be contained or, failing this, cannot be projected towards the driving and/or operating 
positions.' 
1.3.4. Rollover 
Where the use of self-propelled mobile machinery with a ride-on driver and possibly ride-on 
operators involves a risk of rollover, it must be designed and constructed, where its dimensions 
allow, to receive a rollover protective structure (ROPS). Such structures must conform to the specific 
directives in force. 
For mobile agricultural and forestry machinery the rollover protective structure may be one of those 
required for wheeled agricultural and forestry tractors as described in the specific directives in force. 
1.3.5. Falling objects 
Precautions must be taken to prevent objects or materials coming from the mobile machinery itself 
or created by its work falling or being ejected in a manner hazardous to exposed persons. 
Furthermore, where there is a risk during operation to the driver and any operators from falling 
objects or materials, self-propelled mobile machinery must be so designed and constructed, where its 
dimensions allow, to receive a falling-object protective structure (FOPS). Such structures must 
conform to the specific directives in force. 
1.3.6. Falls and access to the working or service positions 
The manufacturer must provide safe access to and from all working, adjustment and maintenance 
positions; special attention must be paid to the driving position. 
Parts of mobile machinery where people are likely to need access, to move or to stay must be designed 
and constructed in such a way as to avoid falls (for example by fitting hand rails, gates, etc.), must 
have non-slip surfaces, steps, footboards and rungs which are easily cleaned and allow water and 
mud to run off. The support surface must be sufficiently large and must have side stops where 
necessary. 
Powered roof supports must allow for unhindered movement of the personnel. 
Handholds must be provided; it must not be possible for controls to be used as supports or 
handholds. 
1.3.7. Hazards due to surfaces, edges or angles 
Paragraph 1.3.4 of the proposal for a Directive COM(87) 564 final, as amended by COM(88) 267 
final, relating to machinery applies. 
1.3.8. Combined mobile machinery 
Paragraph 1.3.4(a) of the proposal for a Directive COM(87) 564 final, as amended by COM(88) 267 
final, relating to machinery applies. 
1.3.9. Variations in tool rotation speeds 
Paragraph 1.3.4(b) of the proposal for a Directive COM(87) 564 final, as amended by COM(88) 267 
final, relating to machinery applies. 
1.3.10. Towing devices 
All mobile machinery used for towing or intended to be towed must be fitted with towing or coupling 
devices designed, constructed and arranged to ensure an easy and safe connection. In particular, 
mobile machinery fitted with a towbar must be equipped with a device to prevent the towbar 
20. 3. 89 Official Journal of the European Communities No C 70/17 
disconnecting and support it or, if appropriate, a device allowing automatic recovery of the towbar 
by the towing vehicle. 
In the case of mobile agricultural or forestry machinery the towbar support must have a bearing 
surface designed, on the basis of the mass applied, to rest on soft ground. 
1.3.11. Transmission of power between self-propelled mobile machinery (or tractors) and towed mobile 
machinery 
Transmission shafts with universal joints linking self-propelled mobile machinery (or tractors) to 
towed mobile machinery must be guarded on the self-propelled machinery side and the towed 
machinery side over the whole length of the shaft and associated universal joints. 
On the side of the self-propelled mobile machinery or tractor, the power take-off to which the 
transmission shaft is attached must be guarded either by a casing fixed to the self-propelled 
machinery (or tractor) or by any other device offering equivalent protection. 
On the towed machinery side, the input shaft must be enclosed in a protective casing fixed to the 
mobile machinery. 
Except in special cases (such as very short shafts) torque limitators or flywheels may be fitted to 
universal joint transmissions only on the side adjoining the driven machine. 
All towed mobile machinery whose operation requires a transmission shaft to connect it to self-
propelled mobile machinery or a tractor, must have a system for attaching the transmission shaft 
such that when the machinery is uncoupled, the transmission shaft and its guard are not damaged by 
contact with the ground or a part of the machinery. 
The outside parts of the guard must be so designed, constructed and arranged that they cannot turn 
with the transmission shaft, so as to avoid any damage by winding or tearing through contact with 
another part. The guard must cover the transmission shaft to the ends of the inner jaws in the case of 
simple universal joints and at least to the centre of the outer joint or joints in the case of 'wide-angle' 
universal joints. 
It must not be possible for universal joint transmission shaft guards as described in the preceding 
paragraph to be used as steps. 
1.3.12. Safety of moving parts 
Paragraph 1.3.5 of the proposal for a Directive COM(87) 564 final, as amended by COM(88) 267 
final, relating to machinery applies, with the following paragraphs: 
'1.3.12.1. Moving transmission parts 
The moving parts of mobile machinery used to transmit power or movement must be 
designed, constructed, laid out or at least provided with guards or protective devices in 
such a way as to prevent all risk of contact which could lead to accidents, notably due to 
impact, severing, crushing, relative movement, speed, the energy involved, or to the 
arrangement or shape of the constructional parts or materials used. 
Guards, where needed, must be fixed where possible, especially where access is rarely 
needed. They must be of robust construction and securely held in place. They must be 
fixed by systems that can be opened only with tools or keys. 
Where frequent servicing is required, removable guards, as far as possible remaining 
fixed to the mobile machinery when open, fitted with a support system, and not needing a 
tool or key to open them, may be used provided that they are associated with a locking 
No C 70/18 Official Journal of the European Communities 20. 3. 89 
device such that the opening of the guard stops the moving parts and closure of the guard 
allows starting up only by voluntary action of the control provided. 
In the case of internal combustion engines, access to the engine compartment, if any, must 
be prevented by removable guards; these need not have locking devices if they have to be 
opened either by the use of a tool or key, or a control located in the driving position if the 
latter is in a fully enclosed cab with a lock to prevent unauthorized access. 
1.3.12.2. Moving parts involved in the working process 
Where mobile machinery has a working position occupied by one or more operators, 
other than the driving position, moving parts involved in the working process and which, 
owing to their relative movement, speed, mass or the energy involved can cause accidents, 
notably due to impact, severing, crushing or ejection, must be designed, constructed, 
arranged or controlled in such a way that they are inacessible during operation. Failing 
this, they must be fitted with guards or protective devices offering an equivalent degree of 
safety. 
However, where all or part of certain such moving parts cannot be made inaccessible 
during operation owing to the need for operator intervention, they must, as far as is 
technically possible, be fitted with guards or protective devices limiting accessibility, 
preventing in particular access to the sections of the parts which are not used in the 
working process. They must be fitted with devices allowing the risk of any accident that 
occurs to be eliminated, such as emergency stop devices which are easily reached from the 
danger zone. Moreover, if the working position is not directly visible from the driving 
position, it must not be possible to start the movement from the driving position until the 
operators concerned have activated an enabling control. 
All the necessary steps must be taken to prevent accidental blockage of moving parts 
involved in the work. If despite precautions taken a blockage occurs, the instruction 
manual and possibly a sign on the machinery should give the necessary instructions for 
safe unblocking.' 
1.4. Protection against other hazards 
1.4.1. Electricity supply 
Paragraph 1.5.1 of the proposal for a Directive COM(87) 564 final, as amended by COM(88) 267 
final, relating to machinery applies, with the addition of the following two paragraphs: 
'The battery housing must be so constructed and located as to reduce as far as possible the chance of 
electrolyte being ejected on to the operator in the event of rollover and/or to reduce the accumulation 
of vapours in places occupied by operators. 
Mobile machinery must be designed and constructed to allow for easy disconnection of the battery.' 
1.4.2. Static electricity 
Paragraph 1.5.2 of the proposal for a Directive COM(87) 564 final, as amended by COM(88) 267 
final, relating to machinery applies. 
1.4.3. Energy other than electricity 
Paragraph 1.5.3 of the proposal for a Directive COM(87) 564 final, as amended by COM(88) 267 
final, relating to machinery applies. 
1.4.4. Extreme temperatures 
Paragraph 1.5.4 of the proposal for a Directive COM(87) 564 final, as amended by COM(88) 267 
final, relating to machinery applies. 
20. 3. 89 Official Journal of the European Communities No C 70/19 
1.4.5. Fire 
Paragraph 1.5.5 of the proposal for a Directive COM(87) 564 final, as amended by COM(88) 267 
final, relating to machinery applies, with the addition of the following two paragraphs: 
'Mobile machinery must be fitted, where its dimensions permit, with: 
— mountings allowing easily accessible fire extinguishers to be fitted, 
— or automatically triggered extinguisher systems. Such systems are compulsory for mobile 
machinery intended for use in underground mines and which is highly flammable. 
Mobile machines with internal combustion engines for use in underground mines must operate on 
diesel fuel only. Their braking systems must be so designed and constructed as not to produce sparks 
or cause fires.' 
1.4.6. Explosion 
Paragraph 1.5.6 of the proposal for a Directive COM(87) 564 final, as amended by COM(88) 267 
final, relating to machinery applies. 
1.4.7. Noise 
Paragraph 1.5.7 of the proposal for a Directive COM(87) 564 final, as amended by COM(88) 267 
final, relating to machinery applies, with the addition of the following paragraph: 
'Special attention must be given to requirements regarding noise in relation to the health of workers 
or to the environment, in accordance with the specific directives in force.' 
1.4.8. Vibration 
Paragraph 1.5.8 of the proposal for a Directive COM(87) 564 final, as amended by COM(88) 267 
final, relating to machinery applies. 
1.4.9. Radiation 
Paragraph 1.5.9 of the proposal for a Directive COM(87) 564 final, as amended by COM(88) 267 
final, relating to machinery applies. 
1.4.10. Emissions of dust, gases, etc. 
Machinery must be so designed, constructed and/or equipped that hazards due to gases, liquids, 
dust, vapours, aerosols or other waste materials from the products it uses, processes or packages can 
be avoided. 
Where a hazard exists, mobile machinery must be so equipped that the said substances can be 
collected for discharge in an area where there is no hazard, precipitated by water spraying, or treated 
in the case of harmful products which cannot be discharged untreated. 
Collection or spraying equipment must be located as close as possible to the point of emission. 
Where mobile machinery is designed to spread products, it must be equipped with a cab designed and 
constructed to ensure good working conditions for the driver. 
Exhaust gases from internal combustion engines must be discharged in a way that is not hazardous to 
operators. 
Exhaust gases from internal combustion engines of mobile machinery intended for use in 
underground mines must not be discharged upwards. 
1.4.11. Use of mobile machinery for lifting operations 
Where the manufacturer envisages occasional use of mobile machinery for lifting operations or 
mobile machinery is equipped with accessories allowing such use, it must be designed and 
constructed to comply with the essential health and safety requirements relevant to such operations. 
No C 70/20 Official Journal of the European Communities 20. 3. 89 
1.5. Maintenance 
1.5.1. Machinery maintenance 
Paragraph 1.6.1 of the proposal for a Directive COM(87) 564 final, as amended by COM(88) 267 
final, relating to machinery applies, with the addition of the following paragraph: 
'The cleaning of internal parts of mobile machinery which have contained potentially toxic products 
must be possible without entering such internal parts; any necessary unblocking must also be 
possible from the outside.' 
1.5.2. Isolation of power sources 
Paragraph 1.6.3 of the proposal for a Directive COM(87) 564 final, as amended by COM(88) 267 
final, relating to machinery applies. 
1.6. Indicators 
1.6.1. Warning devices 
Paragraph 1.7.1 of the proposal for a Directive COM(87) 564 final, as amended by COM(88) 267 
final, relating to machinery applies, with the addition of the following paragraph between the first 
and second paragraphs: 
'Where the health and safety of exposed persons depends on the correct operation of mobile 
machinery, it must be equipped with a warning device to indicate any unintended stoppage or fault 
in operation.' 
1.6.2. Signalling and warning 
Mobile machinery must have means of signalling and, where appropriate, instruction plates 
concerning the use, adjustment and maintenance wherever necessary to ensure the health and safety 
of exposed persons. They must be so chosen, designed and constructed as to be easily perceived and 
durable. Instructions should preferably use readily understandable pictograms supplemented where 
necessary by texts in the languages of the country of use and, on request at the time of ordering, in the 
languages understood by the operators. 
Without prejudice to the requirements to be observed for travelling on the public highway, mobile 
machinery with a ride-on driver must have the following equipment: 
— an acoustic warning device to alert exposed and/or third persons, 
— a system of light signals appropriate to the intended conditions of use, such as stop lights, 
reversing lights and rotating beacons. This latter requirement does not apply to mobile 
machinery intended solely for underground working and having no electrical power. 
Mobile machinery whose use involves frequent reversing (such as: loaders, front-end loaders, 
bulldozers, graders, etc.), must, when the driver cannot see directly behind, be fitted with devices to 
alleviate his restricted vision. 
Remote-controlled mobile machinery which under normal conditions of use exposes persons to 
impact hazards must be fitted with appropriate means to signal its movements and to protect 
exposed persons against such hazards. 
Mobile machinery must be so constructed that all the warning and signalling devices cannot be 
disabled simultaneously. Where this is essential for safety, such devices must be provided with 
facilities for checking their correct operation and their failure must be clearly indicated to the 
operator. 
Where the movement of mobile machinery or its tools is hazardous, signs must be provided to warn 
against approaching the machinery while it is working; signs must be legible at a sufficient distance 
to ensure the safety of persons who have to be in the vicinity. 
1.6.3. Marking 
The minimum particulars required by paragraph 1.7.3 of the proposal for a Directive COM(87) 564 
final, as amended by COM(88) 267 final, relating to machinery should be supplemented by the 
following: 
20. 3. 89 Official Journal of the European Communities No C 70/21 
After the fourth indent, add the following indents: 
'— power expressed in kW, 
— mass, in kg, of the most usual configuration (s), 
— technically possible trailer mass, 
— permissible trailer coupling load or towbar pull.' 
At the end of the paragraph add the following: 
'Where a mobile machinery part has to be handled with lifting equipment, its mass must be indicated 
on it in a legible and durable manner. This is particularly important for parts of low volume but high 
mass. 
Complete units of mobile machinery, designed to be towed, pushed or carried by mobile machinery 
or tractors must bear the same particulars.' 
1.6.4. Instruction handbook 
Paragraph 1.7.4 of the proposal for a Directive COM(87) 564 final, as amended by COM(88) 267 
final, relating to machinery applies with the following amendments: 
At the end of paragraph (a), add the following: 
'In the case of machinery allowing several uses depending on the equipment used: 
— manufacturers of basic machinery (such as tractors) must give information regarding equipment 
which can be attached, notably fluid connections, forces and moments at fixing points, etc., 
— manufactures of add-on equipment must give the complementary information: forces and 
moments created by the accessory, power consumption, etc' 
Paragraph (e) is replaced by the following: 
'The instruction handbook must give the following information concerning vibrations emitted by 
mobile machinery: 
— level of vibrations transmitted to the upper limbs where the effective value of acceleration 
equivalent exceeds 5 m/s2, 
— overall level of vibrations in the body (through the feet or seat) where the effective acceleration 
equivalent exceeds 0,5 m/s2. 
The operating conditions of the mobile machinery during measurement, the measurement points 
and the duration of measurements must be as specified in the applicable standard. If there is no 
applicable standard, the operating conditions must correspond to a work cycle representative of the 
normal use of the mobile machinery.' 
ANNEX 11 
A. EC declaration of conformity (J) 
The EC declaration of conformity must include the following: 
— name and address of the manufacturer or his authorized representative established in the Community (2), 
— description of the machinery (3), 
(*) This declaration must be drawn up in the same language as the instruction handbook (see Annex I, paragraph 1.6.4), either 
typewritten or handwritten in block capitals. 
(2) Business name and full address; authorized representatives must also give the business name and address of the 
manufacturer. 
(3) Description of machinery (make, type, serial number, etc.). 
No C 70/22 Official Journal of the European Communities 20. 3. 89 
— regulations with which the machinery complies, 
— name and address of approved body and number of EC type-approval certificate, if any, 
— for machinery referred to in Article 4, reference to harmonized standards where appropriate, 
— identification of person empowered to sign on behalf of the manufacturer or his representative. 
B. Manufacturer's declaration [Article 4(2)] 
The manufacturer's declaration referred to in Article 4(2) must include the following: 
— name and address of the manufacturer, 
— description of the machinery or machinery parts, 
— statement that it may not be put into service until the machinery into which it is to be incorporated has been 
declared in conformity with the provisions of the Directive, 
— identification of person signing. 
ANNEX III 
MODEL EC MARK 
This mark should be followed by the last two digits of the year of manufacture in characters of the same height 
and thickness as the above model. 
The EC mark must be at least 5 mm in height. 
20. 3. 89 Official Journal of the European Communities No C 70/23 
ANNEX IV 
TYPES OF MOBILE MACHINERY OR PARTS THEREOF FOR WHICH THE PROCEDURE SET 
OUT IN ARTICLE 8(2) (b) MUST BE APPLIED 
(EC type examination if the machinery does not conform entirely to a standard or the standards covering all the 
applicable essential safety requirements.) 
1. Agricultural and forestry tractors 
Shafts with universal joints. 
2. Mobile machinery for underground mining and other extractive industries 
(a) mobile machinery working on rails: locomotives and brake wagons, 
(b) internal combustion engines, 
(c) hydraulic powered roof supports. 
ANNEX V 
DECLARATION OF CONFORMITY 
The EC declaration of conformity is the instrument by means of which an authorized person representing 
the manufacturer, or his representative established in the Community (J), declares that the mobile 
machinery being placed on the market complies with all the essential safety requirements applying to it. 
The EC declaration of conformity authorizes the manufacturer, or his authorized representative in the 
Community, to affix the EC mark to mobile machinery. 
Before drawing up the EC declaration of conformity, the manufacturer, or his authorized representative in 
the Community, must have ensured and be able to guarantee that the documentation listed below is and will 
remain available on his premises for the purposes of any inspection: 
(a) A technical construction dossier comprising: 
— an overall drawing of the mobile machinery together with drawings of the control circuits, 
— full detailed drawings, accompanied by any calculation notes; test results, etc. required to 
manufacture the mobile machinery, 
— a list of: 
— the essential requirements of this Directive, 
— other texts of regulations, and 
— standards, 
which were used when the mobile machinery was designed, 
— a description of the methods adopted to eliminate hazards presented by the mobile machinery, 
— if so desired, any technical report or certificate obtained from a competent body, 
— a copy of the instruction handbook for the mobile machinery. 
(b) For series manufacture, the internal measures that will be implemented to ensure that the machinery 
remains in conformity with the provisions of the Directive. 
(a) The documentation referred to in 3(a) and (b) 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. 1. 
2. 
3. 
0) See also Article 8(4). 
No C 70/24 Official Journal of the European Communities 20. 3. 89 
It need not include detailed plans or any other specific information as regards the subassemblies used for 
the manufacture of the mobile machinery unless a knowledge of them is essential for verification of 
conformity with the essential safety requirements. 
(b) The documentation referred in to 3(a) and (b) above must be retained and kept available for the 
competent national authorities under Article 23 for at least ten years following the date of manufacture 
of the mobile machinery or of the last unit produced in the case of series manufacture. 
(c) Where the competent national authorities under Article 2 consider that mobile machinery with an EC 
certificate of conformity and bearing the EC mark does not conform to the requirements of this 
Directive, they may consult the documentation kept available for them. Failure to present the 
documentation may constitute sufficient grounds for doubting the presumption of conformity with the 
requirements of the Directive. 
(d) The documentation referred to in 3(a) and (b) above must be drawn up in one of the official languages of 
the Community. 
ANNEX VI 
EC TYPE-EXAMINATION 
1. EC type-examination is the procedure by which an approved inspection body ascertains and certifies that an 
example of mobile machinery satisfies the provisions of this Directive which apply to it. 
2. EC type-examination is applied for by the manufacturer or his authorized representative established in the 
Community, with a single approved inspection body, in respect of an example of the mobile machinery. 
The application should include: 
— the name and address of the manufacturer or his authorized representative and the place of manufacture 
of the machinery, 
— a technical construction dossier comprising at least: 
— an overall drawing of the mobile machinery together with drawings of the control circuits, 
— full detailed drawings, accompanied by any calculation notes, test results, etc. required to 
manufacture the machinery, 
— a description of methods adopted to eliminate hazards presented by the mobile machinery, 
— a copy of the instruction handbook for the machinery, 
— for series manufacture, the internal measures that will be implemented to ensure that the mobile 
machinery remains in conformity with the provisions of the Directive. 
It must be accompanied by a mobile machine representative of the planned production or, where 
appropriate, an indication of the place where the machinery can be examined. 
The documentation referred to above need not include detailed drawings or any other specific information 
as regards subassemblies used in the manufacture of mobile machinery unless a knowledge of them is 
essential for verification of conformity with the essential safety requirements. 
3. The notified body must carry out the EC type-examination as described below: 
— It examines the technical construction dossier to check its appropriateness and the mobile machinery 
supplied or made available. 
— During the examination of the mobile machinery, the body must: 
(a) ensure that it has been manufactured in conformity with the technical construction dossier and may 
safely be used under its intended working conditions; 
20. 3. 89 Official Journal of the European Communities No C 70/25 
(b) check that where standards have been used, they have been used correctly; 
(c) perform appropriate examinations and tests to check that the mobile machinery complies with the 
essential requirements applicable to it. 
4. If the example complies with the provisions applicable to it, the body must issue an EC type-examination 
_ certificate and forward it to the applicant. The certificate sets out the conclusions of the examination, 
indicates any conditions to which its issue may be subject and includes any descriptions and drawing 
necessary to identify the approved pattern. 
The Commission, 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 dossier and the reports on the examinations and 
tests carried out. 
5. The manufacturer or his authorized representative established in the Community must inform the notified 
body of all changes, even minor ones, which he has made or plans to make to the pattern of machinery 
concerned. The notified body examines the changes and informs the manufacturer or his authorized 
representative established in the Community as to whether the type-approval certificate is still valid. 
6. A body which refuses to issue an EC type-examination certificate must so inform the other approved bodies. 
A body which withdraws an EC type-examination certificate must so inform the Member State which 
approved it. The latter must inform the other Member States and the Commission thereof, giving the 
reasons for the decision. 
7. The dossiers and correspondence referring to the EC type-examination procedures must be drawn up in an 
official language of the Member State in which the approved body is established or in a language acceptable 
to it. 
ANNEX VII 
MINIMUM CRITERIA TO BE TAKEN INTO ACCOUNT BY MEMBER STATES WHEN 
APPOINTING INSPECTION BODIES 
1. The inspection body, its director and the staff responsible for carrying out the verification tests may not be 
the designer, manufacturer, supplier or installer of machinery which they inspect, nor the authorized 
representative of any of those parties. They may not become directly involved in the design, construction, 
marketing or maintenance of the machinery. This does not preclude the possibility of exchanges of technical 
information between the manufacturer and the inspection body. 
2. The inspection body and its staff shall carry out the verification tests with the highest degree of professional 
integrity and technical competence and shall be free from all pressures and inducements, particularly 
financial, which might influence their judgment or the results of the inspection, especially from persons or 
groups of persons with an interest in the result of verifications. 
3. The inspection body shall have at its disposal the necessary staff and possess the necessary facilities to enable 
it to perform properly the administrative and technical tasks connected with verification; it shall also have 
access to the equipment required for special verification. 
4. The staff responsible for inspection shall have: 
— a sound technical and professional training, 
— a 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 performance of 
the tests. 
5. The impartiality of inspection staff shall be guaranteed. Their remuneration shall not depend on the number 
of tests carried out or on the results of such tests. 
No C 70/26 Official Journal of the European Communities 20. 3. 89 
6. The inspection 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 reponsible for the tests. 
7. The staff of the inspection body shall be bound to observe professional secrecy with regard to all 
information gained in carrying out its tasks (except vis-a-vis the competent administrative authorities of the 
State in which its activities are carried out) under this Directive or any provision of national law giving effect 
to it.