16. 8. 88 Official Journal of the European Communities No C 214/23 
Amendment to the proposal for a Council Directive on the approximation of the laws of the 
Member States relating to machinery (!) 
COM(88) 267 final — SYN 107 
(Submitted by the Commission pursuant to Article 149(3) of the EEC Treaty 
on 24 June 1\ 
(88/C 214/10) 
PREAMBLE 
Recital 11 is completed in the following manner: 
'(...); whereas consumers may use machines coming 
within the scope of this Directive, some of which may 
even be principally intended for them, it is a requisite 
that the manufacturer, when designing and construct­
ing such machines, as well as when drafting the 
instruction notice, should pay particular attention to 
the fact that the use may take place in conditions 
adapted to the non-working environment and that the 
instruction notice be clearly expressed'. 
The following recitals are added between recitals 15 and 
16: 
'(16) Whereas a stricter certification procedure is 
desirable for certain types of machinery that have 
a greater risk potential, in particular because the 
material to be worked on the tool is directly 
applied by hand and/or hand-held during work­
ing ; 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 the introduction of minimum criteria to 
be taken into account by Member States, as part of 
the EC type-examination procedure, when ap­
pointing inspection bodies as set out in the Annex 
should, by Council Decision, be replaced by the 
European standards on the subject once they have 
been approved by the European standardization 
bodies; 
(18) Whereas it is advisable to distinguish the EC mark 
if, at any stage during the procedure, there is 
intervention by an appointed body; whereas, 
since EC type-examination by an appointed body 
is such an intervention, it is necessary to provide 
for the affixing in the EC mark of a sign 
distinguishing that body; 
(!) OJ No C 29, 3. 2. 1988, p. 1. (19) Whereas it is essential that the manufacturer or his 
authorized representative established in the 
Community prepare a technical construction file 
before drawing up the EC declaration of con­
formity ; 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 does not have to 
include detailed plans of the sub-assemblies used 
for the manufacture of machinery, unless a 
knowledge of them is essential for verification of 
conformity with the basic safety requirements; 
(20) Whereas the mere fact of not being able to present 
the technical construction file following a re­
asoned request by a Member State may be taken as 
a presumption of the non-conformity of the 
machinery and whereas, therefore, it is sufficient 
that the manufacturer or his authorized rep­
resentative guarantee the existence of that file by 
signing the EC declaration of conformity;' 
Recitals 16 et seq. are renumbered accordingly. 
OPERATIVE PART 
The fourth indent of Article 1(3) excluding machines for 
working wood and similar materials from the scope of the 
Directive is deleted. 
Article 8 is replaced by the following: 
'Article 8 
1. The manufacturer, or his authorized representative 
established in the Community, shall, in order to certify 
the conformity of machinery with the provisions of this 
Directive, draw up an EC declaration of conformity 
based on the model given in Annex II for each machine 
manufactured and shall affix to the machinery the EC 
mark referred to in Article 9. 
2. Before placing on the market, the manufacturer, or 
his authorized representative established in the Com­
munity, shall: 
(a) if the machinery is not referred to in Annex IV or if it 
is referred to and is manufactured in accordance 
with the standards referred to in Article 5, draw up 
the file provided for in Annex V; 
No C 214/24 Official Journal of the European Communities 16. 8. 88 
(b) if the machinery is referred to in Annex IV and is not 
or is only partly manufactured in accordance with 
the standards referred to in Article 5, submit a 
model of the machinery for the EC type-exami­
nation referred to in Annex VI. 
3. Where paragraph 2(a) applies, the EC declaration 
of conformity shall solely state conformity with the 
essential requirements of the Directive and the EC mark 
shall conform to the model given in Annex III A. 
Where paragraph 2(b) applies, the EC declaration of 
conformity shall state conformity with the model that 
underwent EC type-examination and the EC mark shall 
conform to the model given in Annex III B. 
4. Where neither the manufacturer nor his authorized 
representative established in the Community fulfills the 
obligations of paragraphs 1, 2 and 3, these obligations 
shall fall to any person placing the machinery on the 
market in the Community. The same obligations shall 
apply to any person assembling machinery or parts thereof of various origins or constructing machinery for 
his own use'. 
Article 9 is amended as follows: 
Replace paragraph 1 by: 
'1. The 'EC mark shall consist of the EC symbol 
followed by the last two digits of the year in which the 
mark was affixed and, where appropriate, the identify­
ing mark of the approved body which issued the EC type 
certificate. 
Annex III A shows the model to be used where the 
procedure set out in Article 8(2)(a) is used. Article III B 
shows the model to be used where the procedure set out 
in Article 8(2)(b) is used.' 
— Replace paragraph 3 by: 
'3. Marks or inscriptions which because of their 
design or the place where they are affixed are likely to be 
confused with the EC mark shall be prohibited.' 
ANNEXES 
The following texts are hereby added to Annex I: 
'1.1.2.(g) The manufacturer, when designing and constructing machines which could equally be 
intended for use by non-professional operators, should take into account the level of 
general education and acumen that these operators can reasonably be expected to have.' 
l1.3.4.(a) Hazards related to combined machinery 
Where the machinery is intended to carry out several different operations with the 
manual removal of the piece between each operation (combined machinery), it shall 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 hazard for the operator. 
For this purpose, it shall be possible to start and stop separately any elements that are 
not fully protected. 
1.3.4.(b) Hazards relating to variations in the rotational speed of tools 
Where the machine is intended to operate with tools requiring different rotational 
speeds, it shall be designed and constructed in such a way as to allow easy and safe 
adjustment of the speed according to the tool being used.' 
16. 8. 88 Official Journal of the European Communities No C 214/25 
'1.7.4.(h) In the case of machines which could equally be intended for use by non-professional 
operators, the drafting and the presentation of the instructions for use, whilst respecting 
the other essential requirements mentioned above, must take into account the level of 
general education and acumen that can reasonably be expected from such operators.' 
'2.4. Machines for working wood and analogous materials 
In addition to the essential safety requirements set out in 1 above, machines for working 
wood and machines for working materials with physical and technological 
characteristics similar to those of wood, such as cork, bone, hardened rubber, hardened 
plastic material and other similar stiff material shall conform to the following 
requirements: 
(a) the machine shall 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 shall be sufficiently stable during the work and shall not 
impede the movement of the piece; 
(b) where the machine is likely to be used in conditions involving the risk of ejection of 
pieces of wood, it shall be designed, constructed or equipped to eliminate this 
ejection, or, if this is not the case, so that the ejection does not engender risks for the 
operator and/or exposed persons; 
(c) where the tools are not fully protected when not in use, the machine shall be 
equipped with an automatic brake that stops the tool in a sufficiently short time.' 
No C 214/26 Official Journal of the European Communities 16. 8. 88 
Annex II is hereby replaced by: 
'ANNEX 11 
EC DECLARATION OF CONFORMITY (J) 
The manufacturer or his authorized representative established in the Community (2): 
declares that the new machine described hereafter (3) 
is in conformity: 
(4) with the provisions of Council Directive .../.../EEC, 
(5) with the machine which is the subject of EC certificate of conformity No issued by (6) 
Done at , on. 
(Signature) (7) 
0) This declaration must be drawn up in the same language as the Instruction handbook (see Annex 1, 
paragraph 1.7.4), 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 the machinery (make, type, serial number, etc.). 
(4) Delete in the case of application of the procedure set out in Article 8(2)(b). 
(5) Delete in the case of application of the procedure set out in Article 8(2)(a). 
(6) Name and address of the approved body. 
(7) Name and position of the person empowered to sign on behalf of the 'manufacturer or his authorized 
representative.' 
16. 8. 88 Official Journal of the European Communities No C 214/27 
The text of Annex III is hereby replaced by: 
'A. MODEL TO BE USED IN THE CASE OF APPLICATION OF THE PROCEDURE SET OUT IN ARTICLE 8(2)(a) 
B. MODEL TO BE USED IN THE CASE OF APPLICATION OF THE PROCEDURE SET OUT IN ARTICLE 8(2)(b) 
(2) 
The different elements of the EC mark should have materially the same vertical dimensions, which should not be less than 5 mm. 
(') Year in which the mark was affixed. 
(2) Identifying mark of the approved body issuing the EC type certificate.' 
No C 214/28 Official Journal of the European Communities 16. 8. 88 
The following Annexes IV, V, VI and VII are hereby added to the proposal: 
ANNEX IV 
TYPES OF MACHINERY FOR WHICH THE PROCEDURE REFERRED TO IN ARTICLE 8(2) (b) 
SHOULD BE APPLIED 
1. Wood-working machines (*) of the following types: 
(a) circular saws; 
(b) band saws; 
(c) planing machines; 
(d) spindle moulding (by cutting) machines; 
where the material is advanced manually towards the tool and/or hand-held during machining. 
2. Wood-working machines 0) of the following types: 
(a) Machines which can carry out different types of machining operations without tool change between 
such operations, with manual transfer of the workpiece between each operation; 
(b) chain-mortaising machines; 
(c) portable chain saws. 
3. Machines for the cold working of metal (e. g. presses, shears, folding machines,...), where the material is put 
in place and/or manually removed. 
0) And analogous material coming within the frame of CN code 8465 of the statistical and tariff nomenclature 
and the Common Customs Tariff (OJ No L 256, 7. 9. 1987). 
ANNEX V 
EC DECLARATION OF CONFORMITY 
1. The EC declaration of conformity is the instrument by means of which an authorized person representing 
the manufacturer, or his authorized representative established in the Community 0), declares that the 
machinery being placed on the market complies with all the essential safety requirements applying to it. 
2. Signature of the EC declaration of conformity authorizes the manufacturer, or his authorized representative 
in the Community, to affix the EC mark 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 inspection purposes: 
(a) A technical construction file comprising: 
— an overall drawing of the machine together with drawings of the control circuits, 
— full detailed drawings, accompanied by any calculation notes, test results etc. required to construct 
the machinery, 
— a list of: 
— the essential requirements of this Directive, 
— other texts of regulations, and 
— standards, 
which were used when the machinery was designed, 
(*) See also Article 8(4). 
16. 8. 88 Official Journal of the European Communities No C 214/29 
— a description of methods adopted to eliminate hazards presented by the machinery, 
— if so desired, any technical report or certificate obtained from a competent body, 
— a copy of the instruction handbook for the machinery. 
(b) For series manufacture, the internal measures that will be implemented to ensure that the machinery 
remains in conformity with the provisions of the Directive. 
4. a) The documentation referred to at 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. 
It does not have to include detailed plans or any other specific information as regards the sub-assemblies 
used for the manufacture of the machinery unless a knowledge of them is essential for verification of 
conformity with the basic safety requirements. 
(b)The documentation referred to at 3(a) and (b) above shall be retained and kept available for the 
competent national authorities under'Article 2 for at least ten years following the date of manufacture of 
the machinery or of the last unit produced in the case of series manufacture. 
(c) Where the competent national authorities under Article 2 consider that a machine 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. Grounds shall be given for any such consultation 
request. 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 at 3(a) and (b) above shall 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 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 
representative established in the Community (*), with a single approved inspection body, in respect of an 
example of the machinery. 
The application shall include: 
— the name and address of the manufacturer or his authorized representative and the place of manufacture 
of the machinery, 
— a technical file comprising at least: 
— an overall drawing of the machine together with drawings of the control circuits, 
— full detailed drawings, accompanied by any calculation notes, test results etc. required to construct 
the machinery, 
— a description of methods adopted to eliminate hazards presented by the machinery, 
— a copy of the instruction handbook for the machinery, 
— for series manufacture, the internal measures that will be implemented to ensure that the machinery 
remain in conformity with the provisions of the Directive. 
(!) See also Article 8(4). 
No C 214/30 Official Journal of the European Communities 16. 8. 88 
It shall be accompanied by a machine representative of the production planned. 
The documentation referred to above does not have to include detailed plans or any other specific 
information as regards the sub-assemblies used for the manufacture of the machinery unless a knowledge of 
them is essential for verification of conformity with the basic safety requirements. 
3. The approved body shall carry out the EC type-examination in the manner described below: 
— it shall examine the technical construction file to verify its appropriateness and the machine supplied. 
— During the examination of the machine, the body shall: 
(a) ensure that it has been manufactured in conformity with the technical construction file and may 
safely be used under its intended working conditions; 
(b) perform appropriate examinations and tests to check that the machine compiles with the essential 
requirements applicable to it. 
4. If the example complies with the provisions applicable to it the body shall draw up an EC type-examination 
certificate which shall be forwarded to the applicant. That certificate shall state the conclusions of the 
examination, indicate any conditions to which its issue may be subject and be accompanied by the 
descriptions and drawings necessary for identification of the approved example. 
The Commission, the other approved bodies and the other Member States may obtain a copy of the 
certificate and, on a reasoned request, a copy of the technical construction file and the reports on the 
examinations and tests carried out. 
5. A body which refuses to issue an EC type-examination certificate shall so inform the other approved bodies. 
A body which withdraws an EC type-examination certificate shall so inform the Member State which 
approved it. The latter shall inform the other Member States and the Commission thereof, giving the 
reasons for the decision. 
6. Each Member State shall notify the Commission and the other Member States of the approved bodies 
responsible for carrying 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 
shall ensure that the list is kept up to date. 
7. Annex VII sets out the minimum criteria which Member States shall respect as regards approval of 
certification bodies. These criteria shall be replaced, by Council Decision, by European standards on the 
subject adopted by the European standardization bodies, which shall then be applied. 
8. A Member State which has approved a body must withdraw approval if it finds that the body no longer 
meets the criteria referred to at 7 above. It shall immediately inform the Commission and the other Member 
States accordingly. 
9. 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 agreed 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 shall not be 
the designer, manufacturer, supplier or installer of machines which they inspect, nor the authorized 
representative of any of those parties. They shall not become directly involved in the design, construction, 
marketing or maintenance of the machines. 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, particulary 
16. 8. 88 Official Journal of the European Communities No C 214/31 
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: 
— 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 performance of 
the tests. 
5. The impartiality of inspection staff shall be guaranteed. Their remuneration shall not depend on the number 
of tests carried out or on the results of such tests. 
6. The 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 responsible 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.' 
Proposal for a Council Regulation (EEC) on the special conditions for exporting foodstuffs and 
feedingstuffs following a nuclear accident or any other case of radiological emergency 
COM(88) 295 final 
(Submitted by the Commission on 27 June 1988) 
(88/C 214/11) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 113 
thereof, 
Having regard to the proposal from the Commission, 
In cooperation with the European Parliament, 
Whereas the Commission must be informed of any nuclear 
accident or unusually high levels of radioactivity in 
accordance with Council Decision 87/600/Euratom of 
14 December 1987 on Community arrangements for the 
early exchange of information in the event of a radiological 
emergency (!), or pursuant to the Convention of 26 Sep­
tember 1986 on the rapid notification of nuclear accidents; Whereas on 22 December 1987 the Council adopted 
Regulation (Euratom) No 3954/87 laying down maximum 
permitted levels of radioactive contamination of foodstuffs 
and of feedingstuffs following a nuclear accident or any 
other case of radiological emergency (2); 
Whereas the maximum permitted levels take due account 
of the most recent international scientific opinion while still 
reflecting the need to reassure the population and to avoid 
any discrepancies in international regulations; 
Whereas the resolution of the Council and the representa­
tives of the governments of the Member States meeting 
within the Council of 22 December 1987, adopted at the 
(!) OJ No L 371, 30. 12. 1987, p. 76. (2) OJ No L 371, 30. 12. 1987, p. 11.