COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 04.12.1995 
COM(95)642 final 
94/0077 (SYN) 
Re-examined proposal for a 
COUNCIL DIRECTIVE 
AMENDING 89/655/EEC 
ON THE MINIMUM SAFETY AND HEALTH 
REQUIREMENTS FOR THE USE OF WORR 
EQUIPMENT BY WORKERS AT WORK 
(SECOND INDIVIDUAL DIRECTIVE WITHIN THE 
MEANING OF ARTICLE 16(1) OF 
DIRECTIVE 89/391/EEC) 
(presented by the Commission pursuant to Article 189 c (d) 
of the EC Treaty) 

Explanatory Memorandum 
The Commission submitted the original proposal for this Directive to Council on 14 March 
19941. 
The aim of the proposal is to complement Directive 89/655/EEC (as foreseen in its article 
9(1)) by additional minimum requirements relating to specific work equipment such as mobile 
and lifting equipment. Safety and health conditions during the use of work equipment shall 
be improved through rules for use and a system of in-service inspections. 
The Economic and Social Committee and European Parliament rendered their opinion on 23 
November 1994 and 17 February 1995 respectively. On 27 June 1995, the Commission 
transmitted to Council an amended proposal2. 
The Council of Ministers agreed on a common position on 24 July 1995, which was adopted 
by the European Parliament on 15 November 1995 subject to 10 amendments. Out of these 
10 amendments, the Commission accepted six subject to slight redrafting. As regards the 
amendments accepted, the Commission has the following comments to make: 
Amendment no. 3 
Subject: Lays obligation to take measures on employers 
Comment: It is consistent with the rest of the article to place this obligation on employers. 
However, a more flexible formulation allows employers to choose other 
methods of achieving the safety level. 
Amendment no. 4 
Subject: Clarifies the aim of provision 
Comment: Improves text even further if the words "to them" are inserted after "relevant". 
Amendment no. 5 
Subject: Extends requirement from permanently installed to all work equipment 
Comment: The provision of the common position suffers from some imprecision. However, 
its generalization to all work equipment cannot be accepted 
1 COM(94) 56 final-SYN 77 
2 COM(95) 311 final 
Amendment no. 6 
Subject: Renders the common position more precise along the lines of the original 
proposal 
Comment: The text is clarified further with redrafting focussing on the protection 
objective. 
Amendment no. 7 
Subject: Requires traffic rules only if two or more mobile work equipments are 
operating in a common area 
Comment: Eliminates a useless requirement from the common position. 
Amendment no. 9 
Subject: Clarifies common position in requiring that national legislation and/or practice 
must specify appropriate supervision in order to make possible exceptional 
lifting of persons with work equipment not foreseen to this end 
Comment: Renders transparent the operating conditions; a slight redrafting further 
improves upon the text. 
The Commission rejected four amendments, namely amendments 1, 2, 8, and 10. 
The Commission renders the following opinion in respect to the amendments it has rejected: 
Amendment no. 1 
Subject: Insists on ensuring "health and safety of workers" in the recital addressing 
paragraph 2 of Article 118A (SMEs) 
Comment: Covered already by the first recital. 
Amendment no. 2 
Subject: States that the objectives of the directive must define minimum safety and 
health requirements 
Comment: This formulation is unclear. Both the amended proposal and the common 
position took over the second part of this amendment. 
Amendment no. 8 
Subject: Reinstates rules for use of mobile equipment regarding remote control, loading 
of work equipment, energy transmission units and projecting objects. 
Comment: The specific requirements of this amendment are covered in more general terms 
by various parts of annexes I and II of the common position. 
Amendment no. 10 
Subject: Reinstates rules for use of lifting equipment regarding the observation of 
potential defects. 
Comment: The surveillance of all lifting operations provided for by paragraph 3.2.5 of 
annex II of the common position goes beyond this amendment. 

Re-examined proposal for a 
COUNCIL DIRECTIVE 
AMENDING 89/655/EEC 
ON THE MINIMUM SAFETY AND HEALTH 
REQUIREMENTS FOR THE USE OF WORK 
EQUIPMENT BY WORKERS AT WORK 
(SECOND INDIVIDUAL DIRECTIVE WITHIN THE 
MEANING OF ARTICLE 16(1) OF 
DIRECTIVE 89/391/EEC) 
(presented by the Commission pursuant to Article 189 c (d) 
of the EC Treaty) 
r 
Common position 
Penultimate Whereas 
Whereas the Member States shall, after 
consultation with both sides of industry, and 
with due allowance for national legislation 
and/or practice, establish procedures whereby 
a level of safety may be attained corresponding 
to the objectives indicated by Annex II to this 
Directive; 
Article 1. paragraph 1, (c) 
(c) the following paragraph shall be added: 
"3. Member States shall, after consultation with 
both sides of industy, and with due allowance 
for national legislation and/or practice, 
establish procedures whereby a level of safety 
may be attained corresponding to the 
objectives indicated by the provisions of 
Annex IL" 
Article 1. paragraph 4 
" Workers must be alerted to relevant dangers, 
work equipment present in the work area or 
site and any changes affecting them inasmuch 
as they affect work equipment situation in their 
immediate work area or site, even if they do 
not use such equipment directly." 
Annex I. paragraph 3. point 3.2.3. 
3.2.3. Permanently installed work equipment 
must be installed in such a way as to reduce 
the risk of the load: 
(a) striking workers; 
(b) drifting dangerously or falling freely; 
(c) being released unintentionally. Re-examined proposal 
Whereas this Directive shall determine the 
level of safety to be attained by the employer, 
leaving the Member States free to establish, 
after consultation with both sides of industry 
and with due allowance for national legislation 
and/or practice, corresponding application 
procedures. 
(c) the following paragraphs shall be added: 
'3. The employer shall take appropriate 
measures to ensure that, during use of the work 
equipment, the level of safety corresponding to 
the objectives laid down in the provisions of 
Annex II is attained. 
4. The Member States shall, after consultation 
with both sides of industry and with due 
allowance for national legislation and/or 
practice establish procedures for the application 
of paragraph 3.' 
" In sofar as they could be affected, workers 
must be made aware of dangers relevant to 
them arising from work equipment present in 
their immediate work area or site even if they 
do not use such work equipment directly." 
3.2.3. Permanently installed work equipment 
must be installed and/or fitted out in such a 
way as to reduce the risk of the load: 
(a) striking workers; 
(b) drifting dangerously or unintentionnally 
falling freely; 
(c) being released unintentionally. 
<r 
Common position Re-examined proposal 
Annex n. point 1.1. 
1.1. Work equipment must be installed, located 
and used in such a way as to reduce risks to 
users of the work equipment and for other 
workers, for example by ensuring that there is 
sufficient space between the moving parts of 
work equipment and fixed or moving parts in 
its environment and that all forms of energy 
and substances used or produced can be 
supplied and/or removed in a safe manner. 
Annex II. point 2.2. 
2.2. If work equipment is moving around in a 
work area, appropriate traffic rules must be 
drawn up and followed. 
Annex II. point 3.1.2.. 
3.1.2. Persons may be lifted only by means of 
work equipment and accessories provided for 
this purpose. Without prejudice to Article 
5 of Directive 89/391/EEC, exceptionally, 
work equipment which is not specifically 
designed for the purpose of lifting persons may 
be used to this effect, provided appropriate 
action has been taken to ensure safety in 
accordance with national legislation and/or 
practice laying down appropriate supervision. 
While workers are on work equipment 
designed for lifting loads the control position 
must be manned at all times. Persons being 
lifted must have reliable means of 
communication. In the event of danger, there 
must be reliable means of evacuating them. 1.1. Work equipment must be installed, located 
and used in such a manner that workers are not 
struck by its moving parts, and not crushed 
between its moving parts and fixed or moving 
parts in its environment and in such a manner 
that all forms of energy and substances used or 
produced can be supplied and/or removed 
safely. 
2.2. If two or more items of work equipment 
are moving in a common work area, 
appropriate traffic rules be drawn up and 
followed. 
3.1.2. Persons may be lifted only by means of 
work equipment and accessories provided for 
this purpose. Without prejudice to Article 
5 of Directive 89/391/EEC, exceptionally and 
provided that national legislation and/or 
practice lays down appropriate supervision, 
work equipment which is not specifically 
designed for the purpose of lifting persons may 
be used to this effect, provided appropriate 
action has been taken to ensure safety. 
While workers are on work equipment 
designed for lifting loads the control position 
must be manned at all times. Persons being 
lifted must have reliable means of 
communication. In the event of danger, there 
must be reliable means of evacuating them. 
I 


ISSN 0254-1475 
COM(95) 642 final 
DOCUMENTS 
EN 04 
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ISBN 92-77-97435-4 
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