Amended proposal for a COUNCIL DIRECTIVE amending Directive 89/392/EEC on the approximation of the laws of the Member States relating to machinery
Date: 1992-08-18
Institutions: European Commission
Subjects: hoisting equipment, industrial hazard, machinery, occupational safety, product safety, quality label

COMMISSION OF THE EUROPEAN  COMMUNITIES 

C0M(92)  363  f i n al  -  SYN  381 

Brussels,  18  August  1992 

Amended  proposal 

for  a 

COUNCIL  PIRECTIVE 

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 
the  EEC-Treaty) 
of 

to  A r t i c le  149(3) 

-  2 -

Explanatory memorandum 

The European  Parliament  in session on 8 July  1992, delivered 

its  opinion  on  the  Commission's  proposals  set  out  in 

document COM(91) 547 final  - SYN 381. 

This proposal  takes  Into account  the amendments  proposed  by 

the  European  Parliament  which  the  Commission  considers  can 

be accepted. 

-  3  -

Amended proposal  for a 

ÇQUNÇH  ptRECTIVE 

amending  Directive  89/392/EEC  on  the  approximation  of  the 

laws  of  the Member  States  relating  to  machinery. 

Following  upon  the  opinion  expressed  by  the  European 
Par I lament(1 )  at  Its  first  reading  In  the  context  of  the 

cooperation  procedure,  on  the  proposal 
Directive^2)  amending 

Directive 

89/392/EEC 

for  a  Council 

which 

the 

Commission  transmitted  to  the  Council,  the  Commission  has 

decided  to  amend  its  proposal  as  follows  : 

Initial  proposal 

Modified  proposal 

Fourth  recital  a  (new) 

whereas  the  dates 

Into  force  laid 

dow 

n  this 

entry 

of 
n  I 

dIrectIve 

shal I 

not 

alter  the 

date  of 

entry 

into 

fo 

rce  of 

DlrectIve 

89/392/EEC, 

, 

as 

amended 

by 

D i rect i ve 

91/368/EEC; 

(1)  opinion  given  on  8  July  1992  (not  yet  published) 

(2)  OJEC  n°  C  25  of  1 February  1992,  p.  8. 

-  4  -

I n11la I proposal 

Amended  proposa 

Article  1(2) 

2.  Article  4(1)  Is 

2.  Article  4(1)  Is 

replaced  by  the  fol low I ni 

replaced  by  the  following: 

"Member  States  shall  not 

"Member  States  shall  not 

prohibit,  restrict  or 

prohibit,  restrict  or 

impede,  for  reasons 

Impede  the  placing  on  the 

connected  with  the  essen 

market  and  putting  Into 

tial  health  and  safety 

service  In  their  territory 

requirements  referred  to 

of  machinery  which  compiles 

In Art le le 3,  the  placinj 

with  the  provisions  of  this 

on  the market  and  puttlni 

directive." 

into  service  In  their 

territory  of  machinery 

which  compiles  with  the 

provisions  of  this 

dIrectIve." 

Annex  II,  polnt  16 

16.  Machinery  for  lifting 

16.  Machinery  for  lifting 

persons  Involving  a  risk 

persons  involving  a  rIsk 

of  falling  from  a  vertical 

of  falling  from  a  vertical 

height  of  greater  than 

height  of  greater  than 

fIve  metres. 

three  metres. 

ISSN 0254-1475 

COM(92) 363 final 

DOCUMENTS 

EN 

06 

Catalogue number : CB-CO-92-377-EN-C 

ISBN 92-77-47136-0 

Office for Official Publications of the European Communities 

L-2985 Luxembourg