RE-EXAMINED PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING DIRECTIVE 89/392/EEC ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO MACHINERY
Date: 1991-05-17
Institutions: European Commission
Subjects: dangerous substance, industrial hazard, occupational accident, occupational safety, storage

COMMISSION  OF  THE  EUROPEAN  COMVÏUNITIES 

C0M(91)  167 

f i n al 

-  SYN  233 

B r u s s e l s,  17  May  1991 

Re-examined  proposal 

f or  a 

COUNCIL  DIRECTIVE 

amending  D i r e c t i ve  8 9 / 3 9 2 / E EC 

on 

t he  a p p r o x i m a t i on  of 

t he 

laws  of 

t he  Member  S t a t es 

r e l a t i ng 

to  m a c h i n e ry 

(presented  by  the  Commission  pursuant 

to  A r t i c le  149.2(d) 

of 

the  EEC  t r e a t y) 

-  2 -

EXPLANATORY  MEMORANDUM 

On  17 April  1991  Parliament  accepted  the  common  position 

adopted  by  the  Council  on  13  December  1990  and  proposed  a 

number  of  amendments. 

This  proposal  takes  into  account  the  amendments  proposed  by 

Parliament  which  the  Commission  considers  can  be  accepted. 

The  annex  contains  the  amendments  proposed  by  Parliament 

which  the  Commission  has  not  accepted,  together  with  its 

opinion  t her eon. 

-  3  -

Re-examined  proposai  for  a  Council  Directive 

amending  Directive  89/392/EEC 

on  the  approximation  of  the  laws  of 

the  Member  States 

relating  to  machinery 

In  view  of  the  opinion  on  the  proposal 

for  a  Council 

Directive  amending  Directive  89/392/EEC  on  the  approximation 

of  the  laws  of  the  Member  States  relating  to  m a c h i n e r y ,2 

adopted  by  the  European  P a r l i a m e n t,  on  second  reading  on 

17  A p r i l ,1  the  Commission  has  decided  to  amend  the  proposal 

for  a  second  time  as  fol lows: 

1. 

The  third,  fourth  and  fifth  indents  of  Article  1(5)  are 

replaced  by  the  following: 

"Member  States  shall  apply  the  m e a s u r es  in  question 

with  effect  from  1  January  1993,  except  as  regards  the 

equipment 

referred 

to 

in 

D i r e c t i v es 

8 6 / 2 9 5 / E E C ,3 

8 6 / 2 9 6 / E E C4 

and 

8 6 / 6 6 3 / E E C ,5 

for 

which 

these 

provisions  shall  apply  from  1  July  1994. 

2 

Common  position  adopted  by  the  Counci 

on  13  December  1990,  not 

pub I i shed. 

Not  yet  pub I i shed. 

OJ  No  L  186,  8.7.1986,  p.  1. 

OJ  No  L  186,  8.7.1986,  p.  10. 

OJ  No  L  3 8 4,  3 1 . 1 2 . 1 9 8 6,  p.  12. 

1 

3 

4 

5 

-  4 

2. 

F u r t h e r m o r e,  M e m b er 

S t a t es 

s h a ll 

a l l ow 

m a c h i n e ry 

c o m p l y i ng 

w i th 

t he  n a t i o n al 

r e g u l a t i o ns 

in  f o r ce 

on 

t h e ir  t e r r i t o ry  on  31  D e c e m b er  1 9 92  to  be  m a r k e t ed  and 

put 

Into 

s e r v i ce 

d u r i ng 

t he 

p e r i od 

e n d i ng 

on 

31  D e c e m b er  1 9 9 4. 

W i th 

e f f e ct 

f r om 

1  J u ly  1 9 94 

D i r e c t i v es 

8 6 / 2 9 5 / E E C, 

8 6 / 2 9 6 / E EC 

and 

8 6 / 6 6 3 / E EC 

s h a ll 

not 

i m p e de 

the 

I m p l e m e n t a t i on  of  p a r a g r a ph  1." 

T he 

f i rst 

I ine 

of 

Art IcIe  2 

i s  r e p l a c ed 

by 

t he 

fol I ow i n g: 

" T he 

f o l l o w i ng 

s ha  I  I 

be 

r e p ea  l ed 

as 

f r om 

31  D e c e m b er 

1 9 9 4 :" 

T he  s e c o nd 

i n d e nt  of  p o i nt  3 . 3 .3  in  A n n ex 

is  r e p l a c ed 

by  t he  fo I I ow i n g: 

" T he 

d r i v er 

m u st 

be 

a b le 

to 

s l ow 

d o wn 

a nd 

s t op 

s e l f - p r o p e l l ed 

m a c h i n e ry 

by  m e a ns 

of  a  m a in 

d e v i c e. 

W h e re 

s a f e ty  so  r e q u i r es 

in  t he  e v e nt  of  a  f a i l u re  of 

t he 

m a in 

d e v i ce  or 

if  t h e re 

is  no  e n e r gy 

s u p p ly 

to 

a c t u a te  t he  m a in  d e v i c e,  an  e m e r g e n cy  d e v i ce  w i th 

f u l ly 

i n d e p e n d e nt 

a nd 

e a s i ly 

a c c e s s i b le 

c o n t r o ls 

m u st 

be 

p r o v i d ed  f or  s l o w i ng  d o wn  a nd  s t o p p i n g ." 

-  5  -

4. 

T he  f i r st  I n d e nt  of  p o i nt  4 . 2 .4  in  A n n ex  l  is  r e p l a c ed 

by  t he  fol  I o w I n g: 

" W h en  e i t h er  m a n u a l ly  or  p o w e r - o p e r a t ed  m a c h i n es  a nd 

l i f t i ng 

a c c e s s o r i es 

w h i ch 

a re 

r e a dy 

for 

u se 

a re 

m a r k e t ed  or  f i r st  put  into  s e r v i c e,  t h e ir  m a n u f a c t u r er 

or  h is  a u t h o r i z ed  r e p r e s e n t a t i ve  e s t a b l i s h ed  w i t h in  the 

C o m m u n i ty  m u st  e n s u r e,  by  t a k i ng  a p p r o p r i a te  m e a s u r es 

or 

h a v i ng 

s u ch 

t a k e n, 

that 

t h ey 

c an 

p e r f o rm 

t h e ir 

s p e c i f i ed  f u n c t i o ns  in  c o m p l e te  s a f e t y. 

S a id  m e a s u r es 

m u st  t a ke  a c c o u nt  of  the  s t a t ic  and  d y n a m ic  a s p e c ts  of 

t he  m a ch  I n e r y ." 

•e- -6i -

ANNEX 

In  addition  to  the  amendments  taken  into  account  In  the 

re-examined 

p r o p o s a l/  Parliament 

proposed 

two 

further 

amendments.  The  Commission  has  re-examined  the  proposal  and 

decided  not  to  accept  these  amendments  for  the  following 

reasons : 

1. 

Amendment  of  the  second  Indent  of  ArtIc1«  1(1 )(b) : 

Common  pos it Ion 

Amendment 

"-  the  second  indent  shall  be 

Deleted  -

replaced  by  the  following: 

"-lifting  equipment  designed  and 

constructed  for  raising  and/or 

moving  persons  with  or  without  loads, 

except  for  industrial  handling 

trucks  with  an  elevating 

operator's  position"." 

Machinery  for  lifting  persons  requires  essential 

safety 

requirements  additional  to  those  laid  down  for  lifting  loads 

(requirements  regarding  the  car,  the  control 

circuits, 

e t c . ). 

it  is  accordingly  not  acceptable  to  include  such  machinery 

in  the  proposal  without  amending  the  essential  r e q u i r e m e n t s. 

-  7  -

Later  this  year  the  Commission  will  present  a  second 

amendment  to  Directive  89/392/EEC  In  order  to  include 

machinery  for  lifting  p e r s o n s,  and  a  separate  Directive 

for  lifts  permanently ' instaI led  In  b u i l d i n g s. 

2. 

Amendment  of  point  4.1.2.4,  paragraph  5,  in  Annex  I: 

Common  posItI on 

Amendment 

"The  manufacturer  or  his  authorized 

Deleted. 

representative  established  within 

the  Community  must,  for  each  type  of 

chain  and  rope  used  directly  for 

lifting  the  load,  and  for  the  rope 

ends,  conduct  appropriate  tests  or 

have  such  tests  performed  in  order 

to  verify  that  an  adequate  working 

coefficient  has  been  attained." 

The  proposal  for  a  Directive  put  forward  by  the  Commission 

(COW(89>  624  final  -  SYN  233)  provided  for  the  ropes  and 

chains  to  be  included  in  the  list  contained  in  Annex  IV 

(equipment  for  which  EC  type-examination  is  c o m p u l s o r y ). 

•-  8  -

The  Council  having  deleted  this  obligation  and  replaced  it 

by  point  4.1.2.4,  paragraph  5  Its  deletion  cannot  be 

accepted  by  the  Commission,  since  it  is  essential  that  the 

manufacturer  or  the  person  appointed  by  him  verifies  that 

such  equipment  provides  a  high  level  of  safety;  this 

examination  is  to  be  carried  out  on  each  type  of  equipment 

and  not  on  each  item. 

In  view  of  the  above,  the  Commission  retains  the  text  on 

which 

the 

Council 

adopted 

Its 

common 

position 

on 

13 December  1990. 

ISSN 0254-1475 

COM(91) 167 final 

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