Proposal for a EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE on the approximation of the laws of the Member States relating to machinery - (codified version)
Date: 1996-12-13
Institutions: European Commission
Subjects: approximation of laws, codification of EU law, machinery, product safety, safety standard

•* ww^pf!**' # 

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  13.12.1996 
COM(96) 667 final 

96/ 0305 (COD) 

Proposal  for a 

EUROPEAN  PARLIAMENT  AND  COUNCIL  DIRECTIVE 

on the approximation of the laws of the Member States relating to machinery 

(codified  version) 

(presented by the  Commission) 

FXPIANATORY MEMORANDUM 

1. 

In  the  context  of  a  people's  Europe,  the  Commission  attaches  great  importance  to 
simplifying  and clarifying  Community law so as to make it clearer and more  accessible 
to the ordinary citizen, thus giving him new opportunities  and the chance  to make use 
of  the  specific rights it  gives him. 

This aim cannot be achieved so long as numerous provisions that  have been  amended 
several  times, often  quite  substantially,  remain  scattered,  so that  they must  be  sought 
partly  in  the  original  instrument  and  partly  in  later  amending  ones.  Considerable  re 
search  work,  comparing  many  different  instruments,  is  thus  needed  to  identify  the 
current  rules. 

For  this  reason  a  consolidation  of  rules  that  have  frequently  been  amended  is  also 
essential  if  Community  law  is to  be clear  and  transparent. 

2.  On  1 April  1987 the  Commission  therefore  decided  to  instruct  its staff  that  all  legis 
lative  measures should  be consolidated  after  no more  than  ten  amendments,  stressing 
that  this.was a minimum  requirement  and  that departments  should  endeavour  to con 
solidate  at even  shorter  intervals  the  texts for  which  they were  responsible,  to  ensure 
that  the  Community  rules were  clear  and  readily  understandable. 

3.  The  Conclusions  of  the  Presidency  of  the  Edinburgh  European  Council  (December 
1992)  confirmed  this, stressing  the  importance  of  legislative  consolidation  as  it  offers 
certainty  as to  the  law applicable  to  a given  matter  at  a given time. 

It  must  be  undertaken  in full  compliance  with  the  normal  Community  legislative pro 
cedure. 

Given  that  no changes of substance  may be  made  to the  instruments  affected  by legis 
lative  consolidation,  Parliament,  the  Council  and  the  Commission  have  agreed,  by an 
interinstitutional  agreement  dated  20 December  1994, that  an  accelerated  procedure 
may be  used  for  the  fast-track  adoption  of  codification  instruments. 

4.  The purpose  of this proposal (l)  for consolidation  of  Council Directive 89/392/EEC of 
14  June  1989  on  the  approximation  of  the  laws  of  the  Member  States  relating  to 
machinery  is  to  undertake  official  codification  of  this  type.  The  new  directive  will 
supersede  the various  directives  incorporated  in it (2); their content  is fully  preserved, 
and  they  are  brought  together  with  only such  formal  amendments  as are  required  by 
the  codification  exercise  itself. 

5.  This consolidation  proposal  was drawn  up on  the basis of a preliminary consolidation, 
in all the official  languages, of Directive 89/392/EEC and the instruments  amending  it, 
carried  out  by the  Office  for  Official  Publications  of  the  European  Communities,  by 
means  of  a  data-processing  system  referred  to  in  the  conclusions  of  the  European 
Council  meeting  at  Edinburgh.  Although  the  articles  have  been  given  new  numbers, 
the  former  number  is printed  alongside in each case for  the reader's  convenience; the 
correlation  between  the  old  and  new  numbers  is  shown  in  a  table  contained  in 
Annex DC to  the  consolidated  Directive. 

(*)  Entered in the legislative programme for 1996. 
(2)  See part A of Annex VIII. 

S. 

Proposal  for a 

EUROPEAN  PARLIAMENT AND COUNCIL DIRECTIVE .J.JEC 

of 

on  the approximation of the laws of the Member States  relating  to machinery 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF 
THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European 
Community,  and  in particular  Article  100a  thereof, 

Having  regard  to  the proposal  from  the  Commission, 

Having  regard  to  the  opinion  of  the  Economic  and  So 
cial  Committee (1), 

Acting  in  accordance  with  the  procedure  laid  down  in 
Article  189b of  the  Treaty (2), 

1)  Whereas  Council  Directive 89/392/EEC of  14 June  1989 
on  the  approximation  of  the  laws of  the  Member  States 
relating  to  machinery  (3)  has  been  frequently  and  sub 
stantially  amended;  whereas  for  reasons  of  clarity  and 
rationality  the  said  Directive  should  be  consolidated; 

2)  Whereas  the  internal  market  consists of an area  without 
internal  frontiers  within  which  the  free  movement  of 
goods, persons,  services  and  capital  is  guaranteed; 

22. 

89/392/EEC 
(adapted) 

3)  Whereas  the  machinery  sector  is  an  important  part  of 
the  engineering  industry  and  is  one  of  the  industrial 
mainstays  of  the  Community  economy; 

4)  Whereas the social cost of the large number of  accidents 
caused  directly  by the  use of  machinery  can  be  reduced 
by inherently  safe  design  and  construction  of  machinery 
and  by proper  installations  and  maintenance; 

5)  Whereas Member States are responsible for ensuring the 
health  and  safety  on  their  territory  of  persons  and, 
where  appropriate,  of  domestic  animals  and  goods  and, 
in particular,  of workers, notably  in  relation  to  the risks 
arising  out  of  the  use  of  machinery; 

(adapted) 

() 
() 
(3)  OJ  No  L  183,  29.  6.  1989,  p.  9.  Directive  as  last  amended  by 

Directive  93/68/EEC (OJ  No L 220, 30. 8.  1993, p. 1). 

6)  Whereas,  in  the  Member  States,  the  legislative  systems 
regarding accident prevention are very different; whereas 
the  relevant  compulsory  provisions,  frequently  supplem 
ented by de facto mandatory technical  specifications  and/ 
or voluntary standards, do  not  necessarily  lead  to  differ 
ent  levels  of  health  and  safety,  but  nevertheless,  owing 
to their disparities, constitute barriers to trade within the 
Community,  whereas,  furthermore,  conformity  certifi 
cation  and  national  certification  systems  for  machinery 
differ  considerably; 

7)  Whereas  existing  national  health  and  safety  provisions 
providing  protection  against the risks caused  by machin 
ery  must  be  approximated  to  ensure  free  movement  on 
the  market  of  machinery without  lowering  existing justi 
fied  levels  of protection  in  the  Member  States; whereas 
the  provisions  of  this  Directive  concerning  the  design 
and  construction  of  machinery,  essential  for  a  safer 
working  environment,  shall  be  accompanied  by  specific 
provisions  concerning  the  prevention  of  certain  risks  to 
which  workers  can  be  exposed  at  work,  as  well  as  by 
provisions based on the organization  of safety of workers 
in  the  working environment; 

8)  Whereas  Community  law,  in  its  present  form,  provides 
—  by  way  of  derogation  from  one  of  the  fundamental 
rules  of  the  Community,  namely  the  free  movement  of 
goods  —  that  obstacles  to  movement  within  the  Com 
munity  resulting  from  disparities  in  national  legislation 
relating  to  the  marketing  of  products  must  be  accepted 
in  so far  as  the provisions concerned  can  be  recognized 
as being  necessary  to  satisfy  imperative  requirements; 

9)  Whereas  paragraphs  65  and  68  of  the  White  Paper  on 
the  completion  of  the  internal  market,  approved  by the 
European  Council  in June  1985, provide  for  a  new  ap 
proach  to  legislative  harmonization;  whereas,  therefore, 
the harmonization  of laws in this case  must be limited  to 
those  requirements  necessary  to  satisfy  the  imperative 
and  essential  health  and  safety  requirements  relating  to 
machinery; whereas these requirements  must replace  the 
relevant  national  provisions  because  they  are  essential; 

10)  Whereas  the  maintenance  or  improvement  of  the  level 
of  safety  attained  by the  Member  States  constitutes  one 
of  the  essential  aims  of  this  Directive  and  of  the  prin 
ciple  of  safety  as defined  by the  essential  requirements; 

89/392/EEC 

4. 

(adapted) 

10. 

6. 
+ 

10. 

3. 

(adapted) 

11)  Whereas  the  field  of  application  of  this  Directive  must 
be based on a general definition  of  the  term •machinery' 
so  as  to  allow  the  technical  development  of  products; 
whereas  the  development  of  complex  installations  and 
the  risks  they  involve  are  of  an  equivalent  nature  and 
their  express  inclusion  in  the  Directive  is  therefore 
justified; 

12)  Whereas  it  is also  necessary  to  deal  with  safety  compo 
nents which are placed on the market separately and the 
safety  function  of which is declared  by the  manufacturer 
or  his  authorized  representative  established  in  the 
Community; 

13)  Whereas,  for  trade  fairs,  exhibitions,  etc.,  it  must  be 
possible  to exhibit machinery which does not conform  to 
interested  parties 
this  Directive;  whereas,  however, 
should  be  properly  informed  that  the  machinery  does 
not  conform  and  cannot  be  acquired  in that  condition; 

14)  Whereas  the  essential  health  and  safety  requirements 
must  be  observed  in  order  to  ensure  that  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  of  technical  and  economic 
requirements; 

15)  Whereas the putting into service of machinery within the 
meaning  of  this  Directive  can  relate  only  to  the  use of 
the  machinery  itself  as  intended  by  the  manufacturer; 
whereas this does not preclude the laying-down of condi 
tions of  use external  to the machinery, provided  that it is 
not  thereby  modified  in  a  way  not  specified  in  this 
Directive; 

16)  Whereas  it  is  necessary  not  only  to  ensure  the  free 
movement  and putting into service of  machinery bearing 
the  CE marking and  having an EC conformity  certificate 
but  also  to  ensure  free  movement  of  machinery  not 
bearing  the  CE  marking  where  it  is  to  be  incorporated 
into other  machinery or assembled with other  machinery 
to  form  a  complex  installation; 

89/392/EEC 

93/44/EEC 

13. 

89/392/EEC 
(adapted) 

11. 

12. 

19. 

14. 

89/392/EEC 

17)  Whereas, therefore, this Directive defines only the essen 
tial  health  and  safety  requirements  of  general  applica 
tion,  supplemented  by  a  number  of  more  specific  re 
quirements for certain categories of machinery; whereas, 
in  order  to  help  manufacturers  to  prove  conformity  to 
these  essential  requirements  and  in  order  to  allow  in 
spection  for conformity  to the essential  requirements, it 
is  desirable  to  have  standards harmonized  at European 
level  for the prevention of risks arising out of the design 
and construction of  machinery; 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 
Standardization (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 on 13 November 1984; whereas, within the 
meaning  of  this  Directive,  a  harmonized  standard  is a 
technical 
or 
harmonization  document)  adopted  by either  or  both of 
these bodies, on the basis of  a remit from  the Commis 
sion in accordance with the provisions of Council Direc 
tive  83/189/EEC of  28  March  1983  laying  down  a pro 
cedure  for  the  provision  of  information  in  the  field  of 
technical  standards and  regulations (1) and on the basis 
of  general  guidelines  referred  to above; 

specification 

(European 

standard 

18)  Whereas the legislative framework needs to be improved 
in order to ensure an effective  and appropriate contribu 
tion by employers and employees to the  standardization 
process; 

19)  Whereas  the  Member  States'  responsibility  for  safety, 
health and the other aspects covered by the essential re 
quirements  on  their  territory  must  be  recognized  in  a 
safeguard  clause  providing  for  adequate  Community 
protection procedures; 

20)  Whereas,  as is currently  the  practice  in  Member States, 
manufacturers should retain the responsibility for certify-
v ing the conformity of  their machinery to the relevant es 
sential  requirements; whereas conformity  to harmonized 
standards creates a presumption of conformity to the rel 
evant  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; 

15. 

(adapted) 

20. 

16. 

(!)  OJ  No  L  109,  26.  4.  1983,  p.  8.  Directive  as  last  amended  by 
Commission  Decision 96/139/EC (OJ No L 32,  10. 2.  19%, p. 31). 

17. 

89/392/EEC 

18. 

(adapted) 

93/68/EEC 

21)  Whereas,  for  certain  types  of  machinery  having  a  higher 
risk  factor,  a  stricter  certification  procedure  is  desirable; 
whereas  the  EC  type-examination  procedure  adopted 
may  result  in  an  EC  declaration  being  given  by  the 
manufacturer  without  any  stricter  requirement  such  as  a 
guarantee  of  quality,  EC  verification  or  EC  supervision; 

22)  Whereas  it  is essential  that,  before  issuing  an  EC  declar 
ation  of  conformity,  the  manufacturer  or  his  authorized 
representative  established  in  the  Community  should  pro 
vide  a  technical  construction  file; whereas  it  is  not,  how 
ever,  essential  that  all  documentation  be  permanently 
available  in  a  material  manner,  although  it  must  be 
made  available  on  demand;  whereas  it  need  not  include 
detailed  plans  of  the  sub-assemblies  used  in  manufactur 
ing  the  machines,  unless  knowledge  of  these  is indispens 
able 
to  ascertain  conformity  with  essential 
in  order 
safety  requirements; 

23)  Whereas,  in  its  communication  of  15  June  1989  on  a 
global  approach  to  certification  and  testing,  the  Commis 
sion  proposed  that  common  rules  be  drawn  up  concern 
ing  a 
'CE'  conformity  marking  with  a  single  design; 
whereas,  in  its  Resolution  of  21  December  1989  on  a 
global  approach  to  conformity  assessment,  the  Council 
approved  as  a  guiding  principle  the  adoption  of  a  con 
sistent  approach  such  as  this  with  regard  to  the  use  of 
the  CE  marking;  whereas  the  two  basic  elements  of  the 
new  approach  which  must  be  applied  are  therefore  the 
essential  requirements  and  the  conformity  assessment 
procedures; 

24)  Whereas  the  addressees  of  any  decision  taken  under  this 
Directive  must  be  informed  of  the  reasons  for  such  a 
decision  and  the  legal  remedies  open  to  them; 

21. 

89/392/EEC 
(adapted) 

25)  Whereas  this  Directive  must  not  affect  the  obligations  of 
the  Member  States  concerning  the  deadlines  for  trans 
position  and  application  of  the  Directives  set  out  in 
Annex  VIII,  part  B, 

HAVE  .ADOPTED THIS  DIRECTIVE: 

CHAPTER I 

89/392/EEC 

SCOPE, PLACING ON THE MARKET AND FREEDOM 
OF MOVEMENT 

Article  1 

This  Directive  applies  to  machinery  and  lays  down 
1. 
the  essential  health  and  safety  requirements  therefor,  as 
defined  in Annex I. 

It  shall  also  apply  to  safety  components  placed  on  the 
market  separately. 

93/44/EEC -  Art.  l(l)(a) 

2. 

For  the  purposes  of  this Directive, 

89/392/EEC 

(a) 

'machinery'  means: 

—  an  assembly  of  linked  parts  or  components,  at 
least  one  of  which  moves,  with  the  appropriate 
actuators, control and power circuits, etc, joined 
together  for  a  specific  application,  in  particular 
for  the processing, treatment,  moving or packag 
ing of  a  material; 

—  an  assembly  of  machines  which,  in  order  to 
achieve  the  same  end,  are  arranged  and  con 
trolled so that they function  as an integral whole; 

— 

interchangeable  equipment  modifying  the  func 
tion of a machine, which is placed on the market 
for  the  purpose  of  being  assembled  with  a  ma 
chine or  a series of different  machines or with  a 
tractor  by the  operator  himself  in  so  far  as  this 
equipment  is not  a spare  part  or  a tool; 

(b) 

'safety  components'  means  a  component,  provided 
that  it  is  not  interchangeable  equipment,  which  the 
manufacturer  or  his  authorized 
representative 
established  in the Community places on the market to 
fulfil  a safety  function  when  in  use  and  the  failure  or 
malfunctioning  of  which  endangers  the  safety  or 
health  of  exposed  persons. 

91/368/EEC -  Art  l(l)(a) 

93/44/EEC -  Art  l(l)(b) 

The  following  are  excluded  from  the  scope  of  this 

3. 
Directive: 

89/392/EEC 

91/368/EEC -  Art. l(l)(b) 

—  machinery whose only power source is directly applied 
manual  effort,  unless  it  is a  machine  used  for  lifting 
or  lowering loads. 

—  machinery for  medical  use used  in direct  contact with 

patients, 

—  special  equipment  for  use  in  fairgrounds  and/or 

amusement  parks, 

—  steam  boilers, tanks  and  pressure vessels, 

—  machinery  specially  designed  or  put  into  service  for 
nuclear  purposes  which,  in  the  event  of  failure,  may 
result  in an  emission  of  radioactivity, 

— 

radioactive  sources  forming  part  of  a  machine, 

89/392/EEC 

— 

firearms, 

—  storage  tanks  and pipelines  for  petrol,  diesel  fuel,  in 

flammable  liquids and  dangerous  substances, 

—  means  of  transport,  Le. vehicles  and  their  trailers in 
tended  solely for  transporting passengers  by air or on 
road,  rail  or  water  networks,  as  well  as  means  of 
transport  in  so  far  as  such  means  are  designed  for 
transporting  goods by air,  on  public  road  or  rail  net 
works  or  on water.  Vehicles  used  in  the  mineral  ex 
traction  industry shall  not  be  excluded, 

— 

seagoing  vessels  and  mobile  offshore  units  together 
with  equipment  on  board  such vessels or  units, 

91/368/EEC -  Art  l(l)(b) 

—  cableways, including  funicular  railways, for  the  public 

or  private  transportation  of  persons, 

93/44/EEC -  Art  l(l)(c) 

—  agricultural  and forestry  tractors, as defined  in Article 

1  (1)  of  Council  Directive  74/150/EEC (*), 

91/368/EEC -  Art  l(l)(b) 
(adapted) 

93/44/EEC -  Art  l(l)(c) 

93/44/EEC -  Art  l(l)(d) 

—  machines specially  designed  and  constructed  for  mili 

tary or  police  purposes, 

— 

lifts  which  permanently  serve  specific  levels of  build 
ings  and  constructions,  having  a  car  moving  between 
guides which are rigid and inclined at  a angle of more 
than  15  degrees  to  the  horizontal  and  designed  for 
the  transport  of: 

i) 

persons, 

ii)  persons  and goods, 

iii)  goods alone if the car is accessible, that  is to say, 
a  person  may  enter  it  without  difficulty,  and 
fitted  with  controls  situated  inside  the  car  or 
within  reach  of  a person  inside, 

—  means  of  transport  of  persons  using  rack  and  pinion 

rail  mounted vehicles, 

—  mine  winding gear, 

— 

theatre  elevators, 

—  construction  site hoists intended  for  lifting  persons or 

persons  and goods. 

4.  Where,  for  machinery  or  safety  components,  the 
risks referred  to in this  Directive  are wholly  or partly cov 
ered  by specific  Community  directives,  this  Directive  shall 
not  apply, or  shall  cease  to  apply,  in  the  case  of  such  ma 
chinery  or safety  components  and  of  such risks on  the im 
plementation  of  these  specific  Directives. 

(!)  OJ  No L 84, 28. 3.  1974, p.  10; Directive  as  last  amended 
by  Decision  95/1/EC,  Euratom,  ECSC  (OJ  No  L  1, 
1. 1. 1995, p. 1). 

5.  Where,  for  machinery,  the  risks  are  mainly  of 
electrical origin, such machinery shall be covered exclusive 
ly by  Council  Directive  73/23/EEC  (l). 

89/392/EEC 
(adapted) 

Article 2 

93/44/EEC -  Art  1(2) 

1.  Member  States  shall  take  all  appropriate  measures 
to ensure  that  machinery or safety  components  covered by 
this  Directive  may be  placed  on  the  market  and  put  into 
service only if they do not endanger the  health or safety of 
persons and, where appropriate, domestic animals or prop 
erty, when properly  installed  and  maintained  and  used  for 
their  intended  purpose. 

2. 
This  Directive  shall  not  affect  Member  States'  en 
titlement  to  lay  down,  in  due  observance  of  the  Treaty, 
such  requirements  as  they  may deem  necessary  to  ensure 
that  persons  and  in particular workers  are  protected  when 
using the machinery or safety components in question, pro 
vided  that this does not  mean that  the  machinery or  safety 
components  are  modified  in  a  way  not  specified  in  the 
Directive. 

3. 
At  trade  fairs,  exhibitions,  demonstrations,  etc., 
Member  States shall not prevent  the showing of  machinery 
or  safety  components  which  do  not  conform  to  the  provi 
sions  of  this  Directive,  provided  that  a visible  sign  clearly 
indicates  that such machinery or safety  components do not 
conform  and  that  they  are  not  for  sale  until  they  have 
been  brought  into  conformity  by  the  manufacturer  or  his 
authorized  representative  established  in  the  Community. 
During  demonstrations,  adequate  safety  measures  shall  be 
taken  to  ensure  the protection  of persons. 

Article 3 

93/44/EEC -  Art  1(3) 

Machinery  and  safety  components  covered  by  this  Direc 
tive  shall  satisfy  the  essential  health  and  safety  require 
ments  set  out  in Annex  I. 

Article  4 

89/392/EEC 

1.  Member  States shall not prohibit,  restrict  or impede 
the  placing on  the  market  and  putting  into service  in  their 
territory  of  machinery  and  safety  components  which com 
ply with  this Directive. 

2.  Member  States shall not prohibit, restrict  or impede 
thé  placing  on  the  market  of  machinery  where  the  manu 
facturer  or  his authorized  representative  established  in  the 
Community  declares  in  accordance  with  point  B  of 
Annex II  that  it  is  intended  to  be  incorporated  into  ma 
chinery  or  assembled  with  other  machinery  to  constitute 
machinery  covered  by  this  Directive,  except  where  it  can 
function  independently. 

93/44/EEC -  Art  l(4)(a) 

89/392/EEC 

(*)  OJ  No L 77, 26. 3. 1973, p. 29; Directive  as last  amended  by 
Directive 93/68/EEC (OJ  No L 220, 30. 8.  1993, p. 1). 

10 

'Interchangeable  equipment',  as  referred  to  in  the  third 
indent  of Article  1 (2) (a), shall be regarded  as  machinery 
and  accordingly must in all cases bear the HE marking and 
be  accompanied  by  the  EC  declaration  of  conformity  re 
ferred  to  in Annex II, point A. 

91/368/EEC -  Art  1(3) 
(adapted) 
93/68/EEC --Art  6(t) 

3.  Member  States may not prohibit  restrict or  impede 
the placing on the market of safety components  as  defined 
in  Article  1  (2)  where  they  are  accompanied  by  an  EC 
declaration  of conformity  by the manufacturer  or his auth 
orized  representative  established  in the  Community  as re 
ferred  to  in Annex JJ, point  C. 

93/44/EEC -  Art  l(4)(b) 

Article  5 

89/392/EEC 

93/44/EEC -  Art  1(5) 

1.  Member  States  shall  regard  the  following  as  con 
forming  to  all  the  provisions  of  this  Directive,  including 
the procedures for checking the conformity provided for  in 
Chapter  II: 

—  machinery  bearing the  CE  marking  and  accompanied 
by  the  EC  declaration  of  conformity  referred  to  in 
Annex  II, point A, 

—  safety  components  accompanied  by  the  EC  declar 
ation  of  conformity  referred  to in Annex  II, point  C 

In  the  absence  of  harmonized  standards,  Member  States 
shall  take  any  steps  they  deem  necessary  to  bring  to  the 
attention  of  the  parties  concerned  the  existing  national 
technical  standards  and  specifications  which  are  regarded 
as  important  or  relevant  to  the  proper  implementation  of 
the  essential  safety  and  health  requirements  in Annex  I. 

2.  Where a national standard transposing a harmonized 
standard,  the  reference  for  which  has  been  published  in 
the  Official Journal  of  the European  Communities, covers 
one  or  more  of  the  essential  safety  requirements,  machin 
ery  or  safety  components  constructed  in  accordance  with 
this  standard  shall  be  presumed  to  comply  with  the  rel 
evant  essential  requirements. 

Member  States  shall  publish  the  references  of  national 
standards  transposing  harmonized  standards. 

that  appropriate 
3.  Member  States  shall  ensure 
measures  are  taken  to  enable  the  social  partners  to  have 
an  influence  at  national  level  on  the  process  of  preparing 
and  monitoring  the  harmonized  standards. 

89/392/EEC 

Article  6 

1.  Where  a  Member  State  or.  the  Commission, con 
siders  that  the  harmonized  standards  referred  to  in  Ar 
ticle 5 (2) do not entirely satisfy  the essential  requirements 
referred  to  in  Article  3,  the  Commission  or  the  Member 
State  concerned  shall bring the matter  before  the  Commit 
tee  set  up  under  Directive  83/189/EEC, giving the  reasons 
therefor.  The  Committee  shall  deliver  an  opinion  without 
delay. 

11 

89/392/EEC 

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 published 
information  referred to in Article 5 (2). 

2. 
A  standing committee shall be  set  up, consisting of 
representatives  appointed  by  the  Member  States  and 
chaired by a representative  of  the Commission. 

The  standing  committee  shall  draw  up  its  own  rules  of 
procedure. 

Any  matter  relating  to  the  implementation  and  practical 
application  of  this  Directive  may  be  brought  before  the 
standing  committee,  in  accordance  with  the  following 
procedure. 

The  representative  of  the Commission  shall  submit  to  the 
committee  a draft  of  the  measures  to  be  taken. The com 
mittee  shall  deliver its opinion  on  the  draft,  within a time 
limit  which  the  chairman  may  lay  down  according  to  the 
urgency of  the  matter,  if  necessary by taking  a vote. 

The  opinion  shall be recorded  in the  minutes; in  addition, 
each  Member  State shall  have  the  right  to  ask  to  have  its 
position  recorded  in  the minutes. 

The  Commission  shall  take  the  utmost  account  of  the 
opinion  delivered  by  the  committee.  It  shall  inform  the 
committee  of  the  manner  in  which  its  opinion  has  been 
taken  into  account 

Article  7 

1.  Where  a  Member  State  ascertains  that: 

93/44/EEC -  Art. l(6)(a) 

—  machinery bearing  the  CE  marking, or 

—  safety  components  accompanied  by  the  EC  declar 

ation  of  conformity, 

used  in  accordance  with  their  intended  purpose  are  liable 
to endanger  the safety of persons, and, where  appropriate, 
domestic  animals or  property,  it  shall  take  all  appropriate 
measures  to  withdraw  such  machinery  or  safety  compo 
nents from  the market  to prohibit  the placing on  the  mar 
ket  putting  into  service  or  use  thereof,  or  to  restrict  free 
movement  thereof. 

Member  States  shall  immediately  inform  the  Commission 
of  any such  measure,  indicating  the  reason  for  its decision 
and,  in particular, whether  non-conformity  is due  to: 

(a)  failure  to satisfy  the essential  requirements referred  to 

in Article 3; 

(b)  incorrect  application  of  the  standards  referred  to  in 

Article  5 (2); 

(c)  shortcomings  in the standards  referred  to in  Article 5 

(2)  themselves. 

12 

89/392/EEC 
(adapted) 

2. 
The  Commission  shall  enter  into  consultation  with 
the  parties concerned  without  delay.  Where  the  Commis 
sion  considers,  after  this consultation,  that  the  measure  is 
justified,  it shall  immediately so inform  the Member State 
which  took  the  initiative  and  the  other  Member  States. 
Where  the  Commission  considers,  after  this  consultation, 
that the action is unjustified, it shall immediately so inform 
the Member State which took the initiative  and the manu 
facturer or his authorized representative established within 
the  Community.  Where  the  decision  referred  to  in para 
graph 1 is justified  by a shortcoming in the standards, and 
where  the  Member  State  at  the  origin  of  the  decision 
maintains  its  position,  the  Commission  shall  immediately 
inform  the  Committee  in order  to  initiate  the  procedures 
referred  to  in  Article  6 (1). 

3.  Where: 

93/44/EEC -  Art  l(6)(b) 

—  machinery  which  does  not  comply  bears  the  CE 

marking, 

—  a safety  component  which  does  not  comply  is accom 

panied  by an  EC declaration  of  conformity, 

the  competent  Member State shall take  appropriate  action 
against  whomsoever  has  affixed  the  marking  or  drawn  up 
the  declaration  and  shall  so  inform  the  Commission  and 
other  Member  States. 

4. 
The  Commission  shall  ensure  that  Member  States 
are  kept  informed  of  the  progress  and  outcome  of  this 
procedure. 

89/392/EEC 

CHAPTER  II 

CONFORMITY ASSESSMENT  PROCEDURES 

(adapted) 

Article  8 

The  manufacturer  or  his  authorized  representative 
1. 
established  in the Community must  in order  to certify  that 
machinery  and  safety  components  are  in  conformity  with 
this  Directive,  draw  up  for  all  machinery or  safety  compo 
nent  manufactured  an  EC declaration  of  conformity  based 
on  the  model  given  in  Annex  II,  point  A  or  C  as 
appropriate. 

In  addition,  for  machinery  alone,  the  manufacturer  or  his 
authorized  representatives  established  in  the  Community 
must  affix  to  the  machine  the  CE  marking. 

93/44/EEC -  Art  l(7)(a) 
(adapted) 

2. 
Before  placing on  the  market  the  manufacturer,  or 
his  authorized  representative  established  in  the  Commun 
ity, shall: 

89/392/EEC 

(a) 

if  the  machinery  is not  referred  to  in Annex  IV, draw 
up  the  file  provided  for  in Annex V; 

13 

89/392/EEC 
(adapted) 

Corrigendum, OJ No L 296,14.10.1989, p. 40 

93/44/EEC -  Art  l(7)(b) 

93/68/EEC -  Art  6(2) 

(b)  if  the  machinery  is  referred  to  in  Annex  IV  and  its 
manufacturer  does  not  comply,  or  only  partly  com 
plies,  with  the  standards  referred  to  in  Article  5  (2) 
or  if  there  are  no such  standards, submit  an  example 
of  the  machinery  for  the  EC  type-examination  re 
ferred  to  in Annex VI; 

(c) 

if  the  machinery  is  referred  to  in  Annex  IV  and  is 
manufactured  in  accordance  with  the  standards  re 
ferred  to  in Article 5 (2): 

—  either  draw  up  the  file  referred  to  in Annex  VI 
and  forward  it  to  a  notified  body, which will ac 
knowledge  receipt  of  the file  as soon  as possible 
and  keep it, 

—  submit  the  file  referred  to  in  Annex  VI  to  the 
notified  body,  which  will  simply  verify  that  the 
standards  referred  to  in Article  5  (2)  have  been 
correctly applied and will draw up a certificate of 
adequacy for  the  file, 

—  or  submit  the  example  of  the  machinery  for  the 

EC type-examination referred  to  in Annex VI. 

3.  Where  the  first  indent  of  paragraph  2  (c)  of  this 
Article  applies, the provisions of the first  sentence of para 
graph  5 and  paragraph  7 of  Annex  VI  shall  also apply by 
analogy. 

Where  the second  indent of paragraph  2 (c) of this Article 
applies,  the  provisions  of  paragraphs  5, 6  and  7 of Annex 
VI shall  also apply. 

4.  Where  paragraph  2 (a)  and  the  first  and second  in 
dents of paragraph 2 (c) apply, the  EC declaration  of con 
formity  shall  solely state  conformity  with  the  essential  re 
quirements  of  the  Directive. 

Where  paragraph  2 (b)  and  the  third  indent  of  paragraph 
2  (A  apply,  the  EC  declaration  of  conformity  shall  state 
conformity  with  the  example  that  underwent  EC  type-
examination. 

5. 
Safety  components  shall  be  subject  to  the  certifi 
cation  procedures  applicable  to  machinery  pursuant  to 
paragraphs 2, 3 and 4. Furthermore, during EC type-exam 
ination,  the  notified  body shall verify  the  suitability of  the 
safety component for fulfilling  the safety functions  declared 
by the  manufacturer. 

6.  (a)  Where  the machinery  is subject  to  other  directives 
concerning  other  aspects  and  which  also  provide 
for  the  affixing  of  the  CE marking,  the latter  shall 
indicate  that  the  machinery  is  also  presumed  to 
conform  to the provisions of those other directives. 

14 

(b)  However, where  one  or  more of  those  Directives 
allow the manufacturer,  during a transitional peri 
od,  to  choose  which  arrangements  to  apply,  the 
CE marking shall  indicate  conformity  only  to  the 
directives  applied  by  the  manufacturer.  In  this 
case, particulars of  the  directives  applied,  as pub 
lished in the Official Journal of the European Com 
munities,  must be given in the  documents,  notices 
or instructions  required  by the  directives  and ac 
companying such machinery. 

7.  Where neither the manufacturer  nor his authorized 
representative established in the Community fulfils  the ob 
ligations  of  paragraphs  1 to  6,  these  obligations  shall  fall 
to  any person  placing  the  machinery  or  safety  component 
on  the  market  in  the  Community.  The  same  obligations 
shall  apply  to  any  person  assembling  machinery  or  parts 
thereof  or  safety  components  of  various  origins  or  con 
structing  machinery or  safety  components  for  his own use. 

93/68/EEC -  Art 6(2) 

93/44/EEC -  Art  l(7)(c) 
(adapted) 

The obligations  referred  to  in paragraph  7 shall not 
8. 
apply  to persons  who  assemble with  a  machine  or  tractor 
interchangeable  equipment  as  provided  for  in  Article  1, 
provided  that  the  parts  are  compatible  and  each  of  the 
constituent  parts  of  the  assembled  machine  bears  the  ÇE 
marking  and  is  accompanied  by  the  EC  declaration  of 
conformity. 

91/368/EEC -  Art  1(4) 

93/68/EEC -  Art  6(1) 

Article  9 

89/392/EEC 

93/68/EEC -  Art  6(3) 

89/392/EEC 

1.  Member  States shall  notify  the Commission  and  the 
other  Member  States  of  the  approved  bodies  which  they 
have  appointed  to carry  out  the  procedures  referred  to  in 
Article  8  together  with  the  specific  tasks  which  these 
bodies have been appointed  to carry out and the  identifica 
tion numbers assigned to them beforehand  by the Commis 
sion. 

The  Commission  shall publish  in the Official Journal of the 
European Communities a  list  of  the  notified  bodies  and 
their  identification  numbers  and  the  tasks  for  which  they 
have been  notified.  The  Commission  shall  ensure  that  this 
list  is kept  up to date. 

2.  Member  States shall  apply  the criteria  laid  down in 
Annex  VII  in  assessing  the  bodies  to  be  indicated  in such 
notification.  Bodies  meeting  the  assessment  criteria  laid 
down  in  the  relevant  harmonized  standards  shall  be  pre 
sumed  to  fulfil  those  criteria. 

3. 
A  Member  State  which  has  approved  a  body  must 
withdraw its notification  if it finds  that  the  body no longer 
meets  the  criteria  referred  to  in  Annex  VII.  It  shall  im 
mediately  inform  the  Commission  and  the  other  Member 
States  accordingly. 

15 

CHAPTER  HI 

CE MARKING 

Article 10 

89/392/EEC 

93/68/EEC - A rt  6(1) 

1. 
The  CE  conformity  marking  shall  consist  of  the  in 
itials  'CE'.  The  form  of  the  marking  to  be  used  is shown 
in Annex III. 

93/68/EEC-Art  6(4) 

2. 
The  CE  marking  shall  be  affixed  to  machinery  dis 
tinctly  and  visibly  in  accordance  with  point  1.73  of 
Annex I. 

3. 
The  affixing  of  markings  on  the  machinery  which 
are  likely  to  deceive  third  parties  as  to  the  meaning  and 
form  of  the  CE  marking  shall  be  prohibited.  Any  other 
marking may be affixed  to the machinery provided  that  the 
visibility  and  legibility  of  the  CE  marking  is  not  thereby 
reduced. 

89/392/EEC -  93/68/EEC Art  6(1) 

93/68/EEC -  Art  6(5) 

4.  Without  prejudice  to  Article  7: 

93/68/EEC -  Art  6(6) 

(a)  where  a  Member  State  establishes  that  the  CE  mark 
ing  has  been  affixed  unduly,  the  manufacturer  or  his 
authorized  representative  established within the Com 
munity shall  be obliged  to  make the product  conform 
as regards  the  provisions  concerning  the  CE  marking 
and  to end  the infringement  under the conditions im 
posed  by the  Member  State; 

(b)  where  non-conformity  continues,  the  Member  State 
must take  all appropriate  measures  to restrict or pro 
hibit  the  placing  on  the  market  of  the  product  in 
question  or  to  ensure  that  it  is  withdrawn  from  the 
market in accordance with the procedure laid down in 
Article  7. 

CHAPTER  IV 

FINAL  PROVISIONS 

89/392/EEC 

Article 11 

93/44/EEC -  Art  1(9) 

Any  decision  taken  pursuant  to  this  Directive  which  re 
stricts  the  placing  on  the  market  and  putting  into  service 
of  machinery  or  a  safety  component  shall  state  the  exact 
grounds on which it is based. Such a decision shall be noti 
fied  as soon  as possible  to  the  party concerned,  who shall 
at  the  same  time  be  informed  of  the  legal  remedies  avail 
able  to  him  under  the  laws  in  force  in  the  Member  State 
concerned  and  of  the  time  limits  to  which  such  remedies 
are  subject 

16 

Article  12 

89/392/EEC 

The  Commission will  take  the  necessary steps  to  have in 
formation on all the relevant decisions relating to the man 
agement of  this Directive  made available. 

Article 13 

91/368/EEC -  Art  1(5) 

1.  Member  States  shall  communicate  to  the  Commis 
sion  the texts of the provisions of  national  law which they 
adopt  in  the field  governed by this Directive. 

The  Commission  shall,  before  1  January  1994, 
2. 
examine the progress made in the standardization work re 
lating  to  this  Directive  and  propose  any  appropriate 
measures. 

Article 14 

The  Directives  listed  in  Annex  VIII,  Part  A,  are  hereby 
repealed,  without  prejudice  to  the  obligations  of  the 
Member  States concerning  the  deadlines  for  transposition 
and  application  of  the  said  Directive,  as  set  out  in Annex 
VIII,  Part B. 

References  to the repealed Directives shall be construed as 
references  to this Directive and be read in accordance with 
the  correlation  table  set  out  in Annex DC 

Article 15 

This  Directive  shall  enter  into  force  on  the  twentieth  day 
following  that  of  its  publication  in  the  Official Journal  of 
the European  Communities. 

Article  16 

This  Directive  is addressed  to  the  Member  States. 

Done  at  Brussels, 

For  the  European  Parliament 

The  President 

For  the  Council 

The  President 

17 

ANNEX  I 

89/392/EEC 

ESSENTIAL HEALTH AND SAFETY REQUIREMENTS 
RELATING TO THE DESIGN AND CONSTRUCTION 
OF MACHINERY AND SAFETY COMPONENTS 

• 

93/44/EEC -  Art  l(lD)(a) 

For  the  purposes  of  this  Annex, 'machinery'  means  either 
'machinery'  of  'safety  component'  as  defined  in  Article  1 
(2). 

93/44/EEC -  Art  l(10)(b) 

PRELIMINARY  OBSERVATIONS 

89/392/EEC 

1. 

2. 

The  obligations  laid down by the  essential  health  and 
safety  requirements  apply  only  when  the  correspon 
ding hazard exists for  the machinery in question when 
it is used  under  the conditions  foreseen  by the  manu 
facturer.  In  any  event,  requirements  1.1.2,  1.7.3  and 
1.7.4  apply to all machinery covered by this Directive. 

The  essential  health  and  safety  requirements  laid 
down  in  this  Directive  are  mandatory.  However,  tak 
ing  into  account  the  state  of  the  art,  it  may  not  be 
possible  to  meet  the  objectives  set  by  them.  In  this 
case,  the  machinery  must  as  far  as  possible  be  de 
signed  and constructed with the purpose  of  approach 
ing  those  objectives. 

The  essential  health  and  safety  requirements  have 
been  grouped  according  to  the  hazards  which  they 
cover. 

Machinery presents  a series  of  hazards which  may be 
indicated  under more than one heading in this Annex. 

The  manufacturer  is under  an obligation  to assess the 
hazards  in  order  to  identify  all  those  which  apply  to 
his machine; he must then design and construct  it tak 
ing account  of  his  assessment. 

93/44/EEC -  Art  l(10)(c) 

1. 

ESSENTIAL 
REQUIREMENTS 

HEALTH 

AND 

SAFETY 

89/392/EEC 

1.1. 

General  remarks 

1.1.1.  Definitions 

For  the  purpose  of  this  Directive: 

1. 

2. 

3. 

'danger  zone'  means  any  zone  within  and/or 
around  machinery  in  which  an  exposed  per 
son is subject  to  a risk  to his health  or  safety; 

'exposed  person'  means  any person  wholly or 
partially  in  a danger  zone; 

'operator'  means the  person  or  persons given 
the  task  of  installing,  operating,  adjusting, 
maintaining,  cleaning,  repairing  or  transport 
ing  machinery. 

18 

1.1.2.  Principles of safety integration 

89/392/EEC 

(a)  Machinery  must  be  so  constructed  that  it  is 
fitted  for  its  function,  and  can  be  adjusted 
and  maintained  without  putting  persons  at 
risk when these operations are carried out un 
the 
the 
der 
manufacturer. 

conditions 

foreseen 

by 

The  aim of  measures  taken  must be  to elimi 
nate  any risk of  accident throughout  the fore 
seeable  lifetime  of  the  machinery,  including 
the  phases of  assembly and dismantling, even 
where risks of accident arise from  foreseeable 
abnormal  situations. 

(b)  In  selecting  the  most  appropriate  methods, 
the  manufacturer  must  apply  the  following 
principles,  in the  order  given: 

—  eliminate  or  reduce  risks  as far  as possi 
ble  (inherently  safe  machinery  design 
and  construction), 

— 

— 

take  the  necessary  protection  measures 
in  relation 
to  risks  that  cannot  be 
eliminated, 

inform  users  of  the  residual risks due  to 
any shortcomings  of  the protection  mea 
sures  adopted, indicate whether  any par 
ticular  training  is  required  and  specify 
any need  to  provide  personal  protection 
equipment. 

(c)  When  designing  and  constructing  machinery, 
and  when  drafting 
the 
manufacturer  must envisage  not only the  nor 
mal  use of  the machinery but  also  uses which 
could  reasonably  be expected. 

instructions, 

the 

The  machinery  must  be  designed  to  prevent 
abnormal  use  if  such  use  would  engender  a 
risk. In other cases the instructions  must draw 
the  user's  attention  to ways.—  which  experi 
ence  has  shown  might  occur  — in which  the 
machinery  should  not be  used. 

(d)  Under the intended conditions of use, the dis 
comfort, fatigue  and psychological stress faced 
by the  operator  must be  reduced  to  the mini 
mum  possible  taking  ergonomie  principles 
into  account. 

19 

89/392/EEC 

(e)  When  designing  and  constructing  machinery, 
the  manufacturer  must  take  account  of  the 
constraints to which the operator is subject as 
a result of the necessary or foreseeable  use of 
personal  protection  equipment  (such  as foot 
wear, gloves, etc). 

(f)  Machinery  must  be  supplied  with  all  the es 
sential  special  equipment  and  accessories  to 
enable it to be adjusted, maintained  and used 
without  risk. 

1.1.3.  Materials and products 

The  materials  used  to  construct  machinery  or 
products  used  and created  during  its  use  must  not 
endanger  exposed  persons'  safety  or  health. 

In  particular,  where  fluids  are  used,  machinery 
must  be  designed  and  constructed  for  use without 
risks due  to  filling,  use,  recovery or  draining. 

1.1.4.  Lighting 

The  manufacturer  must  supply  integral  lighting 
suitable  for  the  operations  concerned  where  its 
lack is likely to cause  a risk despite  ambient  light 
ing of  normal  intensity. 

The  manufacturer  must  ensure  that  there  is  no 
area of shadow likely to cause  nuisance, that  there 
is  no  irritating  dazzle  and  that  there  are  no  dan 
gerous stroboscopic effects  due to the lighting pro 
vided  by the  manufacturer. 

Internal  parts  requiring  frequent  inspection,  and 
adjustment  and  maintenance  areas,  must  be  pro 
vided  with  appropriate  lighting. 

1.1.5.  Design  of machinery  to facilitate  its handling 

Machinery  or  each  component  part  thereof  must: 

—  be  capable  of  being  handled  safely, 

—  be  packaged  or  designed  so  that  it  can  be 
stored  safely  and  without  damage  (e.g.  ade 
quate  stability,  special  supports, etc.). 

Where  the  weight  size  or  shape  of  machinery  or 
its  various  component  parts  prevents  them  from 
being moved by hand,  the machinery or each com 
ponent  part  must: 

—  either  be  fitted  with  attachments  for  lifting 

gear,  or 

—  be  designed  so that  it can  be  fitted  with such 

attachments  (e.g.  threaded  holes), or 

20 

—  be  shaped  in such  a way that  standard  lifting 

89/392/EEC 

gear can  easily be  attached. 

Where machinery or one  of its component parts is 
to  be  moved  by hand,  it  must: 

—  either  be  easily  movable, or 

—  be  equipped  for  picking  up  (e.g.  hand-grips, 

etc)  and  moving  in complete  safety. 

Special  arrangements  must  be  made  for  the  han 
dling of tools and/or machinery parts, even if light 
weight which could be dangerous (shape, material, 
etc). 

1.2. 

Controls 

1.2.1.  Safety and reliability  of control systems 

Control  systems must be designed  and  constructed 
so  that  they  are  safe  and  reliable,  in  a  way  that 
will  prevent  a  dangerous  situation  arising.  Above 
all they  must  be  designed  and  constructed  in such 
a way that: 

— 

they can  withstand  the rigours of  normal  use 
and  external  factors, 

—  errors  in  logic  do  not  lead  to  dangerous 

situations. 

1.2.2.  Control devices 

Control  devices  must  be: 

—  clearly  visible  and  identifiable  and  appropri 

ately  marked  where  necessary, 

—  positioned  for  safe  operation  without  hesita 
tion  or  loss of  time,  and  without  ambiguity, 

—  designed  so that the  movement  of the control 

is consistent  with  its  effect, 

— 

located  outside  the  danger  zones,  except  for 
certain  controls  where  necessary,  such  as 
emergency  stop,  console  for 
training  of 
robots, 

—  positioned  so  that  their  operation  cannot 

cause  additional risk, 

—  designed  or  protected  so  that  the  desired  ef 
fect  where  a  risk  is  involved,  cannot  occur 
without  an  intentional  operation, 

21 

89/392/EEC 

—  made  so  as  to  withstand  foreseeable  strain; 
particular attention must be paid to emergen 
cy stop devices liable  to be subjected  to con 
siderable  strain. 

• 

Where  a  control  is  designed  and  constructed  to 
perform  several  different  actions,  namely  where 
there  is  no  one-to-one  correspondence  (e.g.  key 
boards, etc),  the  action  to  be performed  must  be 
clearly  displayed  and  subject 
to  confirmation 
where  necessary. 

Controls  must  be  so  arranged  that  their  layout 
travel  and  resistance  to  operation  are  compatible 
with the action to be performed,  taking account of 
ergonomie principles. Constraints due to the neces 
sary  or  foreseeable  use  of  personal  protection 
equipment  (such as footwear,  gloves, etc.) must be 
taken  into  account. 

Machinery  must  be  fitted  with  indicators  (dials, 
signals,  etc.)  as  required  for  safe  operation.  The 
operator  must be able  to  read  them from  the con 
trol position. 

From  the  main control  position  the operator  must 
be  able  to  ensure  that  there  are  no  exposed  per 
sons in  the  danger zones. 

If  this  is  impossible,  the  control  system  must  be 
designed  and  constructed  so  that  an  acoustic  and/ 
or visual warning signal  is given whenever the  ma 
chinery is about to start  The exposed person must 
have the  time  and  the  means  to  take  rapid  action 
to prevent  the  machinery  starting  up. 

1.23.  Starring 

It  must  be possible  to start  machinery only by vol 
untary  actuation  of  a  control  provided  for  the 
purpose. 

The  same  requirement  applies: 

—  when  restarting  the  machinery  after  a  stop 

page, whatever  the cause, 

—  when  effecting  a  significant  change  in  the 
operating  conditions  (e.g.  speed,  pressure, 
etc.), 

unless  such  restarting  or  change  in  operating 
conditions  is without risk to  exposed  persons. 

This  essential  requirement  does  not  apply  to  the 
restarting of the machinery or to the change in op 
erating  conditions  resulting  from  the  normal  se 
quence  of  an  automatic cycle. 

22 

89/392/EEC 

Where machinery has several starting controls and 
the operators can therefore put each other in dan 
ger, additional devices (e.g. enabling devices or se 
lectors  allowing  only  one  part  of  the  starting 
mechanism  to be  actuated  at any one  time) must 
be fitted  to rule out such risks. 

It  must be  possible  for  automated  plant  function 
ing in automatic mode to  be  restarted easily after 
a  stoppage  once  the  safety  conditions  have  been 
fulfilled. 

1.2.4.  Stopping device 

N o r m al 

s t o p p i ng 

Each machine must be fitted with a control where 
by  the  machine  can  be  brought  safely  to  a  com 
plete  stop. 

Each  workstation  must  be  fitted  with  a control  to 
stop  some  or  all  of  the  moving  parts  of  the  ma 
chinery,  depending  on  the  type  of  hazard,  so  that 
the  machinery  is  rendered  safe.  The  machinery's 
stop  control  must  have  priority  over  the  start 
controls. 

Once  the  machinery  or  its  dangerous  parts  have 
stopped,  the  energy  supply  to  the  actuators  con 
cerned  must be  cut  off. 

E m e r g e n cy 

s t op 

Each  machine  must  be  fitted  with  one  or  more 
emergency  stop  devices  to  enable  actual  or  im 
pending  danger  to  be  averted.  The  following  ex 
ceptions  apply: 

—  machines  in which  an  emergency  stop  device 
would  not  lessen  the  risk,  either  because  it 
would  not  reduce  the  stopping  time  or  be 
cause  it  would  not  enable  the  special  mea 
sures  required  to  deal  with  the  risk  to  be 
taken, 

—  hand-held portable machines and hand-guided 

machines. 

This device  must: 

—  have  clearly  identifiable,  clearly  visible  and 

quickly  accessible  controls, 

—  stop  the  dangerous process as quickly  as pos 
sible, without  creating  additional  hazards, 

—  where  necessary, trigger or permit  the trigger 

ing of  certain  safeguard  movements. 

23 

93/44/EEC -  Art  l(10)(d) 

Once  active operation of  the  emergency stop con 
trol  has  ceased  following  a  stop  command,  that 
command must be sustained by engagement of the 
emergency  stop  device  until  that  engagement  is 
specifically  overridden;  it  must  not  be  possible  to 
engage  the  device  without  triggering  a  stop  com 
mand; it must be possible  to  disengage  the  device 
only by an appropriate  operation,  and  disengaging 
the device must not restart the  machinery but only 
permit  restarting. 

C o m p l ex 

i n s t a l l a t i o ns 

89/392/EEC 

In  the  case  of  machinery  or  parts  of  machinery 
designed  to work together,  the  manufacturer  must 
so  design  and  construct  the  machinery  that  the 
stop  controls,  including  the  emergency  stop,  can 
stop  not  only  the  machinery  itself  but  also  all 
equipment  upstream  and/or  downstream  if its con 
tinued operation  can  be  dangerous. 

1.2.5.  Mode selection 

The control mode selected  must override all other 
control systems with the exception of the emergen 
cy stop. 

If  machinery  has been designed  and built  to allow 
for  its  use  in  several  control  or  operating  modes 
presenting  different  safety  levels  (e.g. to  allow  for 
adjustment  maintenance, inspection, etc.), it must 
be fitted  with a mode selector which can be locked 
in  each  position.  Each  position  of  the  selector 
must  correspond  to  a  single  operating  or  control 
mode. 

The selector  may be  replaced  by another  selection 
method which restricts the  use of certain  functions 
of  the  machinery to certain  categories  of  operator 
(e.g.  access  codes  for  certain  numerically  con 
trolled  functions,  etc.). 

If,  for  certain  operations,  the  machinery  must  be 
able to operate with its protection  devices neutral 
ized, the  mode  selector  must  simultaneously: 

—  disable  the  automatic  control  mode, 

—  permit  movements  only  by controls  requiring 

sustained  action, 

—  permit  the  operation  of  dangerous  moving 
parts  only  in enhanced  safety  conditions  (e.g. 
reduced  speed,  reduced  power,  step-by-step, 
or other  adequate provision) while preventing 
hazards  from  linked  sequences, 

24 

—  prevent  any movement  liable  to  pose  a dan 
ger  by  acting  voluntarily  or  involuntarily  on 
the machine's internal sensors. 

In  addition,  the operator  must  be  able  to control 
operation  of the parts he is working on at the ad 
justment  point 

89/392/EEC 

1.2.6.  Failure  of the power supply 

The  interruption,  re-establishment  after  an inter 
ruption  or  fluctuation  in whatever  manner of  the 
power supply to the machinery  must not lead to a 
dangerous situation. 

In particular 

— 

the  machinery  must  not  start  unexpectedly, 

— 

the  machinery  must  not  be  prevented  from 
stopping  if  the  command  has  already  been 
given, 

—  no  moving  part  of  the  machinery  or  piece 
held by the machinery must fall or be ejected, 

—  automatic  or  manual  stopping  of  the  moving 
they,  may  be  must  be 

parts  whatever 
unimpeded, 

the  protection 
effective. 

devices  must  remain  fully 

1.2.7.  Failure  of the control circuit 

A fault  in the control  circuit  logic, or  failure  of or 
damage  to  the  control  circuit  must  not  lead  to 
dangerous  situations. 

In  particular: 

— 

the  machinery  must  not  start  unexpectedly, 

— 

the  machinery  must  not  be  prevented  from 
stopping  if  the  command  has  already  been 
given, 

—  no  moving  part  of  the  machinery  or  piece 
held by the machinery must fall or be ejected, 

—  automatic  or  manual  stopping  of  the  moving 
parts  whatever  they  may  be  must  be  unim 
peded, 

— 

the  protection  devices  must  remain  fully  ef 
fective. 

1.2.8.  Software 

Interactive  software  between  the  operator  and  the 
command  or  control  system  of  a  machine  must be 
user-friendly. 

1.3. 

Protection  against  mechanical  hazards 

1.3.1.  Stability 

Machinery,  components  and  fittings  thereof  must 
be  so  designed  and  constructed  that  they  are 
stable enough,  under the foreseen  operating condi 
tions  (if  necessary  taking  climatic  conditions  into 
account) for use without risk of overturning, falling 
or  unexpected  movement. 

25 

If the shape of the machinery itself or its intended 
installation  does  not  offer  sufficient  stability, ap 
propriate  means  of  anchorage  must  be  incorpo 
rated and indicated in the instructions. 

89/392/EEC 

13.2.  Risk of break-up during operation 

The various parts of  machinery and  their linkages 
must  be  able  to  withstand  the  stresses  to  which 
they  are  subject  when  used  as  foreseen  by  the 
manufacturer. 

The durability of  the materials  used must be ade 
quate for the nature of the work place foreseen by 
the manufacturer,  in particular  as regards the phe 
nomena of fatigue, ageing, corrosion  and  abrasion. 

The manufacturer  must indicate  in the  instructions 
the  type  and  frequency  of  inspection  and  mainte 
nance  required  for  safety  reasons. He  must, where 
appropriate, indicate  the parts  subject  to wear and 
the  criteria  for  replacement 

Where  a risk of  rupture  or  disintegration  remains 
despite  the  measures  taken  (e.g.  as  with  grinding 
wheels)  the  moving  parts  must  be  mounted  and 
positioned  in  such  a  way  that  in  case  of  rupture 
their  fragments  will  be  contained. 

the  foreseen 

Both rigid and flexible pipes carrying fluids, partic 
ularly  those  under  high  pressure,  must  be  able  to 
withstand 
internal  and  external 
stresses  and  must  be  firmly  attached  and/or  pro 
tected  against  all  manner  of  external  stresses  and 
strains;  precautions  must  be  taken  to  ensure  that 
no  risk  is posed  by a  rupture  (sudden  movement 
high-pressure jets, etc.). 

Where  the  material  to  be  processed  is  fed  to  the 
tool  automatically,  the  following  conditions  must 
be  fulfilled  to  avoid  risks  to  the  persons  exposed 
(e.g. tool  breakage): 

—  when  the  workpiece  comes  into  contact  with 
the  tool  the  latter  must  have  attained  its  nor 
mal working  conditions, 

—  when the tool starts and/or stops  (intentional 
ly or accidentally)  the feed  movement and  the 
tool  movement  must be  coordinated. 

1.3.3.  Risks due to falling or ejected  objects 

Precautions  must  be  taken  to  prevent  risks  from 
falling  or  ejected  objects  (e.g.  workpieces,  tools, 
cuttings,  fragments,  waste, etc.). 

26 

1.3.4.  Risks due to surfaces,  edges  or angles 

89/392/EEC 

In  so  far  as  their  purpose  allows,  accessible  parts 
of  the  machinery  must  have  no  sharp  edges,  no 
sharp  angles, and  no rough surfaces  likely to cause 
injury. 

1.3.5.  Risks related  to combined  machinery 

Where  the  machinery is intended  to carry out sev 
eral  different  operations  with  the  manual  removal 
of  the  piece  between  each  operation  (combined 
machinery), it must 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 risk for  the  exposed  person. 

For  this  purpose,  it  must  be  possible  to  start  and 
stop  separately  any  elements 
that  are  not 
protected. 

1.3.6.  Risks relating to variations in the rotational speed  of 

tools 

When  the  machine  is  designed  to  perform  opera 
tions under  different  conditions of  use  (e.g.  differ 
ent  speeds  or  energy  supply),  it  must  be  designed 
and  constructed  in  such  a  way  that  selection  and 
adjustment  of  these  conditions  can  be  carried  out 
safely  and  reliably, 

1.3.7.  Prevention  of risks related  to moving parts 

The  moving  parts  of  machinery  must  be  designed, 
built  and  laid  out  to  avoid  hazards  or, where  haz 
ards persist, fixed  with guards or protective devices 
in  such  a  way  as  to  prevent  all  risk  of  contact 
which  could  lead  to  accidents. 

All  necessary  steps  must  be  taken  to  prevent  acci 
dental  blockage  of  moving  parts  involved  in  the 
work.  In  cases  where,  despite  the  precautions  tak 
en, a blockage  is likely to occur, specific  protection 
devices  or  tools,  the  instruction  handbook  and 
possibly  a  sign  on  the  machinery  should  be  pro 
vided  by  the  manufacturer  to  enable  the  equip 
ment  to  be  safely  unblocked. 

91/368/EEC -  Art.  l(6)(a) 

1.3.8.  Choice of protection  against risks related  to  moving 

89/392/EEC 

parts 

Guards  or  protection  devices  used  to  protect 
against  the  risks  related  to  moving  parts  must  be 
selected  on  the  basis  of  the  type  of  risk.  The  fol 
lowing  guidelines  must  be  used  to  help  make  the 
choice. 

27 

A.  M o v i ng 

t r a n s m i s s i on 

p a r ts 

89/392/EEC 

Guards  designed  to  protect  exposed  persons 
against the risks associated with moving trans 
mission  parts  (such  as  pulleys,  belts,  gears, 
rack and pinions, shafts,  etc)  must be: 

—  either  fixed,  complying  with  require 

ments  1.4.1  and 1.4.2.1, or 

—  movable,  complying  with  requirements 

1.4.1  and 1.42.2.A. 

Movable  guards  should  be  used  where  fre 
quent access  is foreseen. 

B.  M o v i ng  p a r ts  d i r e c t ly 
t he 

p r o c e ss 

v ed 

in 

i n v o l 

Guards or protection devices designed to pro 
tect  exposed  persons  against 
the  risks 
associated  with  moving  parts  contributing  to 
the work  (such  as cutting  tools, moving parts 
of  presses,  cylinders,  parts  in  the  process  of 
being  machined,  etc.)  must  be: 

—  wherever possible fixed guards complying 
with  requirements  1.4.1  and  1.4.2.1, 

—  otherwise,  movable  guards  complying 
with  requirements  1.4.1  and  1.4.2.2.B or 
protection  devices  such  as  sensing  devi 
ces  (e.g.  non-material  barriers,  sensor 
mats),  remote-hold  protection  devices 
(e.g.  two-hand  controls),  or  protection 
devices  intended  automatically  to  pre 
vent  all  or  part  of  the  operator's  body 
from  encroaching  on  the  danger  zone  in 
accordance  with  requirements  1.4.1  and 
1.4.3. 

However,  when  certain  moving  parts  directly 
involved  in the  process cannot  be  made com 
pletely  or  partially  inaccessible  during  opera 
tion owing to operations  requiring  nearby op 
erator  intervention, where technically possible 
such parts  must  be fitted with: 

— 

fixed  guards,  complying  with  require 
ments  1.4.1  and  1.4.2.1 preventing access 
to  those  sections  of  the  parts  that  are 
not  used  in  the work, 

28 

—  adjustable  guards, complying with requi 
rements  1.4.1  and  1.4.23  restricting  ac 
cess  to  those  sections  of  the  moving 
parts that are strictly for  the wort 

89/392/EEC 

1.4. 

Required characteristics  of guards and protection 
devices 

1.4.1.  General requirement 

Guards and protection devices must: 

—  be of robust construction, 

—  not give rise to  any additional risk, 

—  not  be  easy  to  by-pass  or  render  non-

operational, 

—  be  located  at  an  adequate  distance  from  the 

danger zone, 

—  cause minimum obstruction  to the view of the 

production  process, 

—  enable  essential  work  to  be  carried  out  on 
installation  and/or  replacement  of  tools  and 
also  for  maintenance  by  restricting  access 
only  to  the  area  where  the  work  has  to  be 
done, if possible without  the guard  or protec 
tion device  having  to be dismantled. 

1.4.2.  Special requirements for guards 

1.4.2.1.  F i x ed  g u a r ds 

Fixed  guards must  be  securely  held  in place. 

They must be fixed  by systems  that can be opened 
only with tools. 

Where possible, guards  must  be  unable  to  remain 
in  place without  their  fixings. 

1.4.2.2.  M o v a b le  g u a r ds 

A.  Type A movable  guards  must: 

—  as  far  as  possible  remain  fixed  to  the 

machinery  when  open, 

—  be  associated  with  a  locking  device  to 
prevent  moving parts  starting  up as long 
as  these  parts  can  be  accessed  and  to 
give a stop  command  whenever  they  are 
no  longer  closed. 

29 

B.  Type B movable guards must be designed and 
incorporated  into the control system so that: 

89/392/EEC 

—  moving  parts cannot  start  up while they 

are within the operator's reach, 

— 

— 

— 

the exposed person cannot reach moving 
parts once they have started up, 

they  can  be  adjusted  only  by  means  of 
an intentional  action, such as the  use of 
a tool, key, etc, 

the  absence  or  failure  of  one  of  their 
components  prevents  starting  or  stops 
the  moving parts, 

—  protection  against  any risk of ejection is 
proved  by  means  of  an  appropriate 
barrier. 

1.4.23.  A d j u s t a b le 
a c c e ss 

g u a r ds 

r e s t r i c t i ng 

Adjustable guards restricting  access to those areas 
of  the moving parts strictly necessary for the work 
must: 

—  be  adjustable  manually  or  automatically  ac 
cording to  the type of work involved, 

—  be readily adjustable without the use of tools, 

—  reduce  as far as possible  the risk of ejection. 

1.43.  Special requirements for protection  devices 

Protection  devices  must be designed  and incorpo 
rated into the control  system so that: 

—  moving  parts  cannot  start  up while  they  are 

within the operator's reach, 

— 

— 

— 

the  exposed  person  cannot  reach  moving 
parts once  they have started up, 

they  can  be  adjusted  only  by  means  of  an 
intentional  action,  such  as .the  use  of  a tool, 
key, etc., 

the absence or failure of one of their compo 
nents  prevents  starting  or  stops  the  moving 
parts. 

1.5. 

Protection  against  other hazards 

1.5.1.  Electricity supply 

Where  machinery has an electricity supply it must 
be  designed, constructed  and equipped so  that all 
hazards  of  an  electrical  nature  are  or  can  be 
prevented. 

30 

The  specific  rules  in  force  relating  to  electrical 
equipment  designed  for  use within certain voltage 
limits must apply to machinery which is subject to 
those limits. 

89/392/EEC 

152. 

Static electricity 

Machinery must be so designed and constructed as 
to prevent or limit the build-up of potentially dan 
gerous electrostatic charges and/or be fitted with a 
discharging system. 

1.53.  Energy supply other than electricity 

Where  machinery  is  powered  by  an  energy  other 
than electricity  (e.g.  hydraulic, pneumatic  or ther 
mal  energy,  etc), 
it  must  be  so  designed, 
constructed  and equipped  as to avoid  all potential 
hazards  associated  with  these  types of  energy. 

15 A.  Errors of fitting 

Errors,  likely  to  be  made when  fitting  or  refitting 
certain  parts which  could  be  a source  of  risk must 
be made impossible  by the design of such parts  or, 
failing  this,  by  information  given  on  the  parts 
themselves  and/or  the  housings.  The  same  in 
formation  must  be  given  on  moving  parts  and/or 
their  housings  where  the  direction  of  movement 
must  be  known  to  avoid  a  risk.  Any  further  in 
formation  that  may be  necessary  must  be  given in 
the  instructions. 

Where  a  faulty  connection  can  be  the  source  of 
risk,  incorrect fluid connections, including electrical 
conductors,  must  be  made  impossible  by  the  de 
sign  or,  failing  this,  by  information  given  on  the 
pipes,  cables, etc.  and/or  connector  blocks. 

1.5.5.  Extreme  temperatures 

Steps must be taken  to eliminate  any risk of  injury 
caused  by contact  with  or  proximity  to  machinery 
low 
parts  or  materials  at  high  or  very 
temperatures. 

The risk of  hot or very cold  material  being  ejected 
should be assessed. Where  this risk exists, the nec 
essary  steps  must  be  taken  to  prevent  it  or,  if  this 
is  not  technically  possible,  to  render  it  non-
dangerous. 

31 

1.5.6.  Fire 

89/392/EEC 

Machinery  must  be  designed  and  constructed  to 
avoid  all risk of  fire  or  overheating  posed  by  the 
machinery itself or by gases, liquids, dusts, vapours 
or  other  substances  produced  or  used  by  the 
machinery. 

15.1.  Explosion 

Machinery  must  be  designed  and  constructed  to 
avoid  any risk of  explosion  posed  by  the  machin 
ery  itself  or  by  gases,  Uquids,  dusts,  vapours  or 
other  substances  produced  or  used  by 
the 
machinery. 

To that  end  the  manufacturer  must  take  steps  to: 

—  avoid  a  dangerous  concentration  of  products, 

—  prevent  combustion  of  the  potentially  explo 

sive  atmosphere, 

—  minimize  any  explosion  which  may  occur  so 

that  it does  not endanger  the  surroundings. 

The  same  precautions  must  be  taken  if  the 
manufacturer  foresees  the  use of the  machinery  in 
a  potentially  explosive  atmosphere. 

Electrical  equipment  forming  part  of  the  machin 
ery must conform, as far  as the risk from  explosion 
is  concerned,  to  the  provision  of  the  specific  Di 
rectives  in  force. 

1.5.8.  Noise 

Machinery  must  be  so  designed  and  constructed 
that  risks  resulting  from  the  emission  of  airborne 
noise  are  reduced  to  the  lowest  level  taking  ac 
count  of  technical  progress  and  the  availability  of 
means  of  reducing  noise,  in particular  at  source. 

1.5.9.  Vibration 

Machinery  must  be  so  designed  and  constructed 
that  risks  resulting  from  vibrations  produced  by 
the  machinery are reduced  to the lowest level, tak 
ing account of technical progress and the availabil 
ity of  means of  reducing vibration, in particular  at 
source. 

1.5.10.  Radiation 

Machinery  must  be  so  designed  and  constructed 
that  any emission  of  radiation  is limited  to  the ex 
tent  necessary for  its operation  and that the  effects 
on exposed persons are non-existent  or  reduced  to 
non-dangerous proportions. 

15.11.  External radiation 

Machinery  must  be  so  designed  and  constructed 
that  external  radiation  does  not  interfere  with  its 
operation. 

32 

1.5.12.  Laser equipment 

89/392/EEC 

Where laser equipment is used, the following pro 
visions should be taken into account: 

— 

— 

laser  equipment  on  machinery  must  be  de 
signed  and constructed  so  as  to  prevent any 
accidental radiation, 

laser  equipment  on  machinery  must  be pro 
tected  so  that  effective  radiation,  radiation 
produced  by  reflection  or  diffusion  and sec 
ondary radiation  do not damage health, 

—  optical  equipment  for  the  observation  or ad 
justment  of  laser  equipment  on  machinery 
must be such that no health risk is created by 
the laser rays. 

1.5.13.  Emissions of dust,  gases,  etc. 

Machinery  must be  so  designed,  constructed  and/ 
or  equipped  that risks  due  to gases,  liquids,  dust 
vapours  and  other  waste  materials  which  it  pro 
duces  can  be  avoided. 

Where  a  hazard  exists,  the  machinery  must  be  so 
equipped that the said substances can be contained 
and/or  evacuated. 

Where  machinery  is  not  enclosed  during  normal 
operation,  the  devices  for  containment  and/or 
evacuation  must be situated  as close  as possible  to 
the  source  emission. 

1.5.14.  Risk of being trapped in a  machine 

93/44/EEC -  Art  l(10)(e) 

Machinery  must be designed, constructed  or  fitted 
with  a  means  of  preventing  an  exposed  person 
from  being enclosed within  it or, if that  is impossi 
ble, with  a means of  summoning  help. 

1.5.15.  Risk of slipping  tripping or falling 

Parts of the  machinery where persons  are  liable  to 
move  about  or  stand  must  be  designed  and 
constructed  to prevent persons slipping, tripping or 
falling  on  or off  these  parts. 

1.6.  Maintenance 

1.6.1.  Machinery maintenance 

89/392/EEC 

Adjustment  lubrication  and  maintenance  points 
must  be  located  outside  danger  zones.  It  must  be 
possible  to carry out  adjustment  maintenance, re 
pair,  cleaning  and  servicing  operations  while  ma 
chinery  is at  a standstill. 

If  one  or  more  of  the  above conditions  cannot  be 
satisfied  for  technical  reasons,  these  ope-  tions 
must  be possible  without risk (see  1.2.5). 

33 

89/392/EEC 

In  the  case  of  automated  machinery  and,  where 
necessary, other machinery, the manufacturer must 
make provision for a connecting device for mount 
ing diagnostic fault-finding  equipment. 

Automated machine components which have to be 
changed  frequently,  in  particular  for  a  change  in 
manufacture  or  where  they  are  liable  to  wear  or 
likely to deteriorate following an accident, must be 
capable of  being removed  and replaced easily and 
in  safety.  Access  to  the  components  must  enable 
these  tasks  to  be  carried  out  with  the  necessary 
technical  means  (tools,  measuring  instruments, 
etc.)  in accordance  with  an operating  method spe 
cified  by the  manufacturer. 

1.6.2.  Access to operating position and servicing points 

The  manufacturer  must  provide  means  of  access 
(stairs,  ladders,  catwalks,  etc.)  to  allow  access  in 
safety  to all areas  used  for  production,  adjustment 
and  maintenance  operations. 

1.63. 

Isolation  of energy sources 

All machinery must be fitted with means to isolate 
it  from  all energy  sources.  Such  isolators  must  be 
clearly  identified.  They  must  be  capable  of  being 
locked  if  reconnection  could  endanger  exposed 
persons.  In  the  case  of  machinery  supplied  with 
electricity through  a plug capable  of being plugged 
into  a circuit  separation  of  the  plug is  sufficient 

The  isolator  must  be  capable  of  being locked  also 
where  an  operator  is  unable,  from  any  of  the 
points  to  which  he  has  access,  to  check  that  the 
energy  is still  cut  off. 

After  the  energy  is  cut  off,  it  must  be  possible  to 
dissipate  normally  any energy  remaining  or  stored 
in the  circuits of  the  machinery without risk to ex 
posed  persons. 

As an exception to the above requirements, certain 
circuits  may  remain  connected,  to  their  energy 
sources  in  order,  for  example,  to  hold  parts, pro 
tect  information,  light  interiors,  etc.  In  this  case, 
special  steps  must  be  taken  to  ensure  operator 
safety. 

1.6.4.  Operator intervention 

Machinery  must  be  so  designed,  constructed  and 
equipped  that the need for  operator intervention is 
limited. 

34 

If operator intervention  cannot be avoided, it must 
be possible  to carry it  out  easily and  in  safety. 

89/392/EEC 

1.6.5.  Cleaning of internal parts 

91/368/EEC -  Art  l(6)(b) 

The  machinery  must  be  designed  and  constructed 
in  such  a way  that  it  is possible  to  clean  internal 
parts  which  have  contained  dangerous  substances 
or preparations without  entering  them; any neces 
sary  unblocking  must  also  be  possible  from  the 
outside.  If  it  is absolutely  impossible  to  avoid  en 
tering  the  machinery,  the  manufacturer  must  take 
steps  during  its  construction  to  allow  cleaning  to 
take  place with the  minimum  of  danger. 

1.7. 

Indicators 

1.7.0. 

Information  devices 

89/392/EEC 

The information  needed to control machinery must 
be  unambiguous  and  easily  understood 

It  must not be excessive  to  the extent of overload 
ing the  operator. 

Where  the  health  and  safety  of  exposed  persons 
may be  endangered  by a  fault  in  the  operation  of 
unsupervised  machinery,  the  machinery  must  be 
equipped  to  give  an  appropriate  acoustic  or  light 
signal  as a warning. 

91/368/EEC -  Art  l(6)(c) 

1.7.1.  Warning devices 

89/392/EEC 

Where machinery is equipped with warning devices 
(such as signals, etc.), these  must  be  unambiguous 
and  easily perceived. 

The  operator  must  have facilities  to check the op 
eration  of  such warning  devices at  all times. 

The  requirements  of  the  specific  Directives  con 
cerning  colours  and  safety  signals  must  be  com 
plied with. 

1.7.2.  Warning of residual risks 

Where  risks  remain  despite  all  the  measures 
adopted  or in the case of potential risks which  are 
not  evident  (e.g.  electrical  cabinets,  radioactive 
sources,  bleeding  of  a  hydraulic  circuit  hazard  in 
an  unseen  area,  etc.),  the  manufacturer  must pro 
vide warnings. 

Such warnings should preferably  use readily under 
standable  pictograms  and/or  be  drawn  up  in  one 
of  the  languages  of  the  country  in  which  the  ma 
chinery is to be  used, accompanied,  on  request, by 
the  languages  understood  by the  operators. 

35 

1.73.  Marking 

89/392/EEC 

All  machinery  must  be  marked  legibly  and  indeli 
bly with  the  following  minimum particulars: 

—  name  and  address of  the  manufacturer, 

— 

the  CE marking  (see Annex HI), 

—  designation  of  series  or type, 
—  serial  number,  if any, 

93/68/EEC -  Art  6(7)(a) 

89/392/EEC 

— 

the  year of  construction. 

93/68/EEC -  Art  6(7)(b) 

Furthermore,  where  the  manufacturer  constructs 
machinery  intended  for  use in  a potentially explo 
sive  atmosphere,  this  must  be  indicated  on  the 
machinery. 

Machinery must also bear full information  relevant 
to  its  type  and  essential  to its safe  use  (e.g. maxi 
mum speed of certain  rotating parts, maximum di 
ameter  of  tools  to  be fitted, mass, etc.). 

Where a machine part must be handled during use 
with  lifting  equipment  its  mass must  be  indicated 
legibly,  indelibly  and  unambiguously. 

The  interchangeable  equipment  referred  to  in  the 
third  indent  of  Article  1  (2)  (a),  must  bear  the 
same  information. 

89/392/EEC 

91/368/EEC -  Art  l(6)(d) 

1.7.4.  Instructions 

89/392/EEC 

(a)  Ail  machinery  must  be  accompanied  by 

instructions  including  at  least the  following: 

—  a  repeat  of  the  information  with  which 
the  machinery  is marked,  except  the  se 
rial  number  (see  1.7.3) together with any 
appropriate  additional  information  to  fa 
cilitate  maintenance  (e.g.  addresses  of 
the  importer,  repairers, etc.), 

93/44/EEC -  Art  l(l0)(g) 

— 

foreseen  use of  the machinery within  the 
meaning  of  1.1.2  (c), 

89/392/EEC 

—  workstation(s)  likely  to  be  occupied  by 

operators, 

— 

instructions  for  safe: 

—  putting  into service, 

—  use, 

—  handling,  giving  the  mass  of  the 
its  various  parts 
they  are  regularly  to  be 

machinery  and 
where 
transported  separately, 

36 

—  assembly,  dismantling, 

89/392/EEC 

—  adjustment, 

—  maintenance  (servicing  and  repair), 

—  where  necessary,  training  instructions, 

—  where  necessary,  the  essential  characte 
ristics of tools which may be fitted  to the 
machinery. 

91/368/EEC -  Art. l(6)(e) 

Where necessary, the instructions should draw 
attention  to  ways  in  which  the  machinery 
should  not  be  used. 

89/392/EEC 

93/44/EEC -  Art  l(10)(h) 

89/392/EEC 

93/44/EEC -  Art  l(10)(i) 

(b)  The  instructions  must  be  drawn  up  in one of 
the  Community languages by the  manufactur 
er or his authorized  representative  established 
in the  Community. On  being put  into service, 
all  machinery  must  be  accompanied  by  a 
translation  of  the  instructions  in the  language 
or  languages of  the  country  in which  the  ma 
chinery  is to  be  used  and  by the  instructions 
in the original language. This translation must 
be done either  by the manufacturer  or his au 
thorized  representative  established  in  the 
Community  or  by the  person  introducing  the 
machinery into  the  language  area  in question. 
By way of  derogation  from  this  requirement 
the  maintenance  instructions  for  use  by spe 
cialized  personnel  employed  by the  manufac 
turer  or  his  authorized  representative  estab 
lished  in the  Community may be  drawn  up in 
only one of  the  Community  languages  under 
stood  by that  personnel. 

(c)  The  instructions  must  contain  the  drawings 
and  diagrams  necessary  for  putting  into  ser 
vice, maintenance, inspection, checking of cor 
rect  operation  and, where  appropriate,  repair 
of  the  machinery,  and  all  useful  instructions 
in  particular  with  regard  to  safety. 

(d)  Any  literature  describing  the  machinery  must 
not contradict  the instructions as regards safe 
ty  aspects.  The  technical  documentation  de 
scribing  the  machinery  must  give  information 
regarding  the  airborne  noise  emissions  re 
ferred  to  in  (f)  and,  in  the  case  of  hand-held 
and/or  hand-guided  machinery,  information 
regarding vibration  as  referred  to  in 2.2. 

37 

89/392/EEC 

(e)  Where  necessary,  the  instructions  must  give 
the  requirements  relating  to  installation  and 
assembly  for  reducing  noise  or vibration  (e.g. 
use  of  dampers,  type  and  mass of  foundation 
block, etc.). 

(f)  The  instructions  must  give  the  following  in 
formation  concerning  airborne  noise  emis 
sions  by the  machinery,  either  the  actual val 
ue  or  a  value  established  on  the  basis  of 
measurements  made  on  identical  machinery: 

91/368/EEC -  Art.  l(6)(f) 

89/392/EEC 

—  equivalent  continuous A-weighted  sound 
pressure  level at workstations, where this 
exceeds  70 dB(A); where  this  level does 
not  exceed  70  dB(A),  this  fact  must  be 
indicated, 

—  peak  C-weighted 

instantaneous  sound 
pressure  value  at  workstations,  where 
this exceeds 63 Pa (130 dB in relation  to 
20 uPa), 

—  sound  power level emitted  by the machi 
nery  where  the  equivalent  continuous 
A-weighted sound pressure level at work 
stations  exceeds  85 dB(A). 

In  the  case  of  very  large  machinery,  instead 
of  the  sound power  level, the  equivalent  con 
tinuous  sound  pressure  levels  at  specified 
positions  around 
the  machinery  may  be 
indicated. 

Where  the  harmonized  standards  are  not ap 
plied,  sound  levels  must  be  measured  using 
the  most  appropriate  method 
the 
machinery. 

for 

The  manufacturer  must indicate the operating 
conditions  of  the  machinery  during  measure 
ment  and  what  methods  have  been  used  for 
the  measurement. 

Where  the  workstation(s)  are  undefined  or 
cannot  be defined,  sound pressure  levels must 
be  measured  at  a  distance  of  1  metre  from 
the  surface  of  the  machinery  and  at  height of 
1,60  metres from  the floor  or access  platform. 
The  position  and  value  of  the  maximum 
sound  pressure  must  be  indicated. 

(g)  If  the  manufacturer  foresees  that  the  machin 
ery  will  be  used  in  a  potentially  explosive  at 
mosphere,  the  instructions  must  give  all  the 
necessary  information. 

38 

89/392/EEC 

(h)  In  the  case of  machinery  which  may also be 
intended  for  use  by non-professional  opera 
tors,  the  wording  and  layout  of  the  instruc 
tions for  use, whilst  respecting  the  other es 
sential  requirements  mentioned  above,  must 
take into account the  level  of  general  educa 
tion and  acumen  that  can  reasonably  be ex 
pected  from such operators. 

2.  ESSENTIAL 

SAFETY 
REQUIREMENTS  FOR  CERTAIN  CATEGORIES 
OF MACHINERY 

HEALTH 

AND 

93/44/EEC -  Art  1(10)0) 

2.1. 

Agri-foodstuffs  machinery 

89/392/EEC 

Where machinery  is intended  to prepare  and pro 
cess foodstuffs  (e.g. cooking, refrigeration,  thawing, 
washing, handling, packaging, storage, transport or 
distribution), 
it  must  be  so  designed  and 
constructed  as to  avoid  any risk of  infection,  sick 
ness or  contagion  and  the following  hygiene  rules 
must  be observed: 

(a)  materials in contact  or intended  to come into 
contact  with  the  foodstuffs  must  satisfy  the 
conditions  set  down  in  the  relevant  Direc 
tives.  The machinery must be so designed and 
constructed  that  these  materials  can  be clean 
before  each use; 

(b)  all  surfaces  including  their  joinings  must  be 
smooth,  and  must  have  neither  ridges  nor 
crevices  which 
organic 
materials; 

could  harbour 

(c)  assemblies must be designed  m such  a way as 
to  reduce projections, edges and  recesses to a 
minimum. They should preferably  be made by 
welding  or  continuous  bonding.  Screws, scre-
wheads  and  rivets  may  riot  be  used  except 
where  technically  unavoidable; 

(d)  ail  surfaces  in  contact  with  the  foodstuffs 
must be easily cleaned  and  disinfected,  where 
possible  after  removing  easily  dismantled 
parts. The inside surfaces  must have curves of 
a radius sufficient  to allow thorough cleaning; 

(e) 

liquid  deriving  from  foodstuffs  as  well  as 
cleaning, disinfecting  and rinsing fluids should 
be  able  to  be  discharged  from  the  machine 
without  impediment  (possibly  in  a  'clean' 
position); 

39 

89/392/EEC 

(f)  machinery  must  be 

so  designed  and 
constructed as to prevent any liquids or living 
creatures,  in  particular  insects,  entering,  or 
any organic matter accumulating in areas that 
cannot  be  cleaned  (e.g.  for  machineiy  not 
mounted on feet  or casters, by placing a seal 
between  the  machinery  and  its  base,  by  the 
use of sealed  units, etc); 

(g)  machinery  must  be 

so  designed  and 
constructed  that  no  ancillary  substances  (e.g. 
lubricants,  etc)  can  come  into  contact  with 
foodstuffs.  Where  necessary,  machinery must 
be  designed and constructed  so  that continu 
ing  compliance  with  this  requirement  can  be 
checked. 

I n s t r u c t i o ns 

In  addition  to  the  information  required  in  section 
1,  the  instructions  must  indicate  recommended 
products  and  methods  for  cleaning,  disinfecting 
and rinsing (not only for  easily accessible areas but 
also  where  areas  to  which  access  is  impossible  or 
unadvisable,  such  as piping,  have  to  be  cleaned in 
situ). 

2.2. 

Portable 
machinery 

hand-held 

and/or 

hand-guided 

Portable  hand-held  and/or  hand-guided  machinery 
must conform  to the following essential  health and 
safety  requirements: 

—  according  to  the  type  of  machinery,  it  must 
have  a  supporting  surface  of  sufficient  size 
and  have  a  sufficient  number  of  handles  and 
supports  of  an  appropriate  size  and  arranged 
to ensure the stability of the  machinery  under 
the  operating  conditions  foreseen  by  the 
manufacturer, 

—  except where  technically  impossible  or  where 
there  is  an  independent  control,  in  the  case 
of  handles  which  cannot  be  released  in  com 
plete  safety,  it  must  be  fitted  with  start  and 
stop  controls  arranged  in such  a way that  the 
operator  can  operate  them  without  releasing 
the  handles, 

— 

it  must  be  designed, constructed  or  equipped 
to  eliminate  the  risks  of  accidental  starting 
and/or continued  operation  after  the  operator 
has  released  the  handles.  Equivalent  steps 
must be taken if this requirement  is not tech 
nically  feasible, 

40 

—  portable  hand-held  machinery  must  be  de 
signed and constructed to allow, where neces 
sary, a visual check of  the contact of  the tool 
with the  material being processed 

89/392/EEC 

I n s t r u c t i o ns 

The  instructions  must  give  the  following  informa 
tion  concerning  vibrations  transmitted  by  hand 
held and hand-guided machinery: 

— 

the  weighted  root  mean  square  acceleration 
value  to  which  the  arms  are  subjected,  if  it 
exceeds  2,5  m/s2  as  determined  by  the  ap 
propriate  test  code.  Where  the  acceleration 
does  not  exceed  2,5  m/s2,  this  must  be 
mentioned. 

If there is no applicable test code, the manufactur 
er  must  indicate  the  measurement  methods  and 
conditions  under which measurements were made. 

23.  Machinery  for  working  wood  and  analogous  ma 

terials 

Machinery  for  working  wood  and  machineiy  for 
working  materials with physical  and  technological 
characteristics  similar  to  those  of  wood,  such  as 
cork, bone, hardened rubber, hardened plastic ma 
terial and other similar stiff material must conform 
to  the  following  essential  health  and  safety 
requirements: 

(a)  the  machineiy  must 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 
must  be  sufficiently  stable  during  the  work 
and  must  not  impede  the  movement  of  the 
piece; 

(b)  where  the  machineiy  is  likely  to  be  used  in 
conditions  involving  the  risk  of  ejection  of 
pieces  of  wood, 
it  must  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 oper 
ator and/or exposed persons; 

(c)  the  machinery  must be equipped with an au 
tomatic  brake  that  stops  the  tool  in  a  suffi 
ciently  short time  if there  is a risk of  contact 
with the  tool whilst it runs down; 

(d)  where the tool is incorporated into a non-ful-
ry automated  machine,  the  latter  must  be  so 
designed  and  constructed  as  to  eliminate  or 
reduce  the  risk  of  serious  accidental  injury, 
for example by using cylindrical cutter blocks, 
restricting  depth of cut  etc. 

41 

ESSENTIAL 
HEALTH 
SAFETY 
THE 
TO 
REQUIREMENTS 
PARTICULAR  HAZARDS  DUE  TO  THE 
MOBILITY  OF  MACHINERY 

AND 
OFFSET 

91/368/EEC -  Art. l(6)(g) 

Machinery  presenting  hazards  due  to  mobility 
must  be designed  and  constructed  to  meet  the re 
quirements  set out  below. 

93/44/EEC -  Art  1(10)(1) 

91/368/EEC -  Art  l(6)(g) 

Risks  due  to  mobility  always  exist  in  the  case  of 
machinery which is self-propelled, towed or pushed 
or  carried  by other  machineiy or  tractors,  is oper 
ated  in  working  areas  and  whose  operation  re 
quires either mobility while working, be it continu 
ous  or  semi-continuous  movement,  between  a 
succession  of fixed working positions. 

Risks due  to  mobility may also exist in the  case of 
machinery  operated  without  being  moved,  but 
equipped  in  such  a  way  as  to  enable  it  to  be 
moved more easily from one place to another (ma 
chinery fitted with wheels, rollers, runners,  etc. or 
placed  on  gantries, trolleys, etc). 

In order  to verify  that rotary cultivators  and power 
harrows  do  not  present  unacceptable  risks  to  the 
exposed  persons,  the  manufacturer  or  his  autho 
rized  representative  established  within  the  Com 
munity  must  for  each  type  of  machinery  con 
cerned, perform  the appropriate  tests or have such 
tests  performed. 

3.1. 

General 

3.1.1.  Definition 

'Driver'  means  an  operator  responsible  for  the 
movement  of  machinery. The driver  may be trans 
ported  by  the  machinery  or  may  be  on  foot,  ac 
companying  the  machinery, or  may be guiding  the 
machinery  by remote  control  (cables,  radio, etc.). 

3.1.2.  Lighting 

If  intended  by  the  manufacturer  to  be  used  in 
dark  places,  self-propelled  machinery  must  be 
fitted  with  a  lighting  device  appropriate  to  the 
work  to  be  carried  out  without  prejudice  to  any 
other  regulations  applicable  (road  traffic  regula 
tions, navigation  rules, etc.). 

3.13.  Design  of machinery  to facilitate  its handling 

During  the  handling  of  the  machine  and/or  its 
parts,  there  must  be  no  possibility  of  sudden 
movements or of hazards due  to instability as long 
as the  machine  and/or  its parts  are  handled  in ac 
cordance  with  the  manufacturer's  instructions. 

42 

3.2.  Work stations 

32.1.  Driving position 

91/368/EEC -  Art. l(6)(g) 

The  driving  position  must  be  designed  with  due 
regard to ergonomie principles. There may be two 
or more driving positions  and, in such cases,  each 
driving position must be provided with all the req 
uisite controls. Where there is more than one driv 
ing  position,  the  machineiy  must  be  designed  so 
that  the  use  of one  of  them precludes  the  use  of 
the  others,  except  in  emergency  stops.  Visibility 
from  the  driving  position  must  be  such  that  the 
driver can in  complete  safety  for  himself  and  the 
exposed  persons,  operate  the  machinery  and  its 
tools  in  their  intended  conditions  of  use.  Where 
necessary, appropriate devices must be provided to 
remedy hazards due to inadequate  direct vision. 

Machinery  must  be  so  designed  and  constructed 
that,  from  the  driving  position,  there  can  be  no 
risk  to the driver and operators on board from in 
advertent contact with the wheels  01 tracks. 

The  driving  position  must  be  designed  and 
constructed  so  as to  avoid  any health  risk  due  to 
exhaust  gases and/or lack of oxygen. 

The  driving position of ride-on drivers must be  so 
designed  and  constructed  that  a  driver's  cab may 
be fitted as long as there is room. In that case, the 
cab  must  incorporate  a place  for  the  instructions 
needed  for  the  driver and/or operators.  The  driv 
ing  position  must  be fitted with  an  adequate  cab 
where  there  is  a  hazard  due  to  a  dangerous 
environment. 

Where  the  machinery  is  fitted  with  a  cab,  this 
must  be designed,  constructed  and/or  equipped  to 
ensure  that  the  driver  has  good  operating  condi 
tions  and  is  protected  against  any  hazards  that 
might  exist  (for  instance:  inadequate  heating  and 
ventilation,  inadequate  visibility,  excessive  noise 
and  vibration,  falling  objects,  penetration  by  ob 
jects,  rolling over,  etc.). The  exit  must  allow  rapid 
evacuation.  Moreover,  an  emergency  exit  must  be 
provided  in a direction which is different  from  the 
usual  exit 

The  materials  used  for  the  cab  and  its  fittings 
must  be  fire-resistant 

43 

3.22.  Seating 

91/368/EEC -  Art. l(6)(g) 

The driving seat of any machineiy must enable the 
driver  to  maintain  a  stable  position  and  be  de 
signed with due  regard to ergonomie principles. 

The  seat  must  be  designed  to  reduce  vibrations 
transmitted  to  the  driver  to  the  lowest  level  that 
can  be  reasonably  achieved.  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  driver's  feet,  the 
driver  must  have  footrests  covered  with  a slip-re 
sistant material. 

Where machinery is fitted with provision for a rol 
lover  protection  structure,  the  seat  must  be 
equipped  with  a  safety  belt  or  equivalent  device 
which  keeps the  driver in  his seat without  restrict 
ing  any  movements  necessary  for  driving  or  any 
movements  caused  by the  suspension. 

3.23.  Other places 

If the conditions of use provide that operators oth 
er  than  the  driver  are  occasionally  or  regularly 
transported  by  the  machinery,  or  work  on  it,  ap 
propriate  places  must  be  provided  which  enable 
them  to  be  transported  or  to  work  on  it  without 
risk, particularly  the  risk of  falling. 

Where  the  working  conditions  so  permit  these 
work  places must  be  equipped  with seats. 

Should  the  driving  position  have  to  be fitted with 
a  cab,  the  other  places  must  also  be  protected 
against  the  hazards  which justified  the  protection 
of  the  driving position. 

3.3. 

Controls 

3.3.1.  Control devices 

The  driver  must  be  able  to  actuate  all  control  de 
vices  required  to  operate  the  machinery  from  the 
driving position, except for  functions  which  can be 
safely  activated  only  by  using  control  devices  lo 
cated  away  from  the  driving  position.  This  refers 
in  particular  to  working  positions  other  than  the 
driving  position,  for  which  operators  other  than 
the  driver  are  responsible  or  for  which  the  driver 
has  to  leave  his  driving  position  in  order  to  carry 
out  the  manoeuvre  in  safety. 

Where  there  are  pedals  they must  be so designed, 
constructed  and  fitted  to  allow  operation  by  the 
driver  in  safety  with  the  minimum  risk  of  confu 
sion; they must have a slip-resistant surface  and be 
easy  to  clean. 

44 

91/368/EEC -  Art. l(6)(g) 

Where their operation can lead to hazards, notably 
dangerous  movements,  the  machinery's  controls, 
except for those with preset positions, must  return 
to the neutral position as soon as they are released 
by the  operator. 

In the case of wheeled machinery, the steering sys 
tem  must  be  designed  and  constructed  to  reduce 
the  force  of  sudden  movements  of  the  steering 
wheel  or  steering  lever  caused  by  shocks  to  the 
guide wheels. 

Any control  that  locks  the  differential  must  be  so 
designed  and  arranged  that  it  allows the  differen 
tial to be unlocked when the machinery is moving. 

The  last  sentence  of  section  1.2.2  does  not  apply 
to  the  mobility  function. 

33.2.  Starting/moving 

Self-propelled  machinery  with  a  ride-on  driver 
must be so equipped  as to deter  unauthorized  per 
sons  from  starting  the  engine. 

Travel movements of self-propelled  machinery with 
a ride-on driver  must be possible only if the  driver 
is at  the  controls. 

Where, for operating purposes, machinery must be 
fitted with  devices which  exceed  its  normal  clear 
ance  zone  (e.g.  stabilizers,  jib,  etc.),  the  driver 
must be provided with the means of checking easi 
ly, before  moving^ the  machinery, that such devices 
are  in  a  particular  position  which  allows  safe 
movement 

This also applies to  all other parts which, to  allow 
safe  movement  have  to  be  in particular  positions, 
locked  if  necessary. 

Where  it  is  technically  and  economically  feasible, 
movement  of  the  machinery  must  depend  on  safe 
positioning  of  the  aforementioned  parts. 

It  must  not  be  possible  for  movement  of  the  ma 
chinery  to occur while  the  engine  is being started. 

3 3 3. Travelling*function 

Without  prejudice  to  the  provisions of  road  traffic 
regulations,  self-propelled  machinery  and  its  trail 
ers must  meet  the  requirements  for  slowing down, 
stopping,  braking  and  immobilization  so  as  to  en 
sure safety  under  all the operating, loading, speed, 
ground  and gradient  conditions  allowed  for  by the 
manufacturer  and  corresponding  to conditions  en 
countered  in  normal  use. 

45 

91/368/EEC -  Art. l(6)(g) 

The  driver  must  be  able  to  slow  down  and  stop 
self-propelled  machinery  by  means  of  a  main  de 
vice.  Where  safety  so  requires  in  the  event  of  a 
failure of the main device, or in the absence of the 
energy supply to actuate the main device, an emer 
gency device with  fully  independent  and easily ac 
cessible  controls  must  be  provided  for  slowing 
down  and  stopping. 

Where safety so requires, a parking device must be 
provided to render stationary machinery immobile. 
This device may be combined  with one of  the  de 
vices referred  to in the second paragraph, provided 
that  it  is purely  mechanical. 

Remote-controlled  machinery  must  be  designed 
and constructed  to stop  automatically  if the  driver 
loses control. 

Section  1.2.4  does  not  apply  to  the  travelling 
function. 

33.4.  Movement of pedestrian-controlled machinery 

Movement  of  pedestrian-controlled  self-propelled 
machinery must be possible only through sustained 
action  on  the  relevant  control  by  the  driver.  In 
particular, it must not be possible for movement to 
occur while  the  engine  is being started. 

The  control  systems for  pedestrian-controlled  ma 
chinery  must  be  designed  to  minimize  the  hazards 
arising from  inadvertent  movement of the machine 
towards the  driver. In  particular: 

(a)  crushing; 

(b)  injury  from  rotating  tools. 

Also,  the  speed  of  normal  travel  of  the  machine 
must  be  compatible  with  the  pace  of  a  driver  on 
foot. 

In  the  case  of  machinery  on  which  a  rotary  tool 
may  be  fitted,  it  must  not  be  possible  to  actuate 
that  tool  when  the  reversing  control  is  engaged, 
except  where  movement  of  the  machinery  results 
from  movement  of  the  tool. In the  latter  case, the 
reversing  speed  must  be  such  that  it  does  not  en 
danger  the  driver. 

33.5.  Control circuit failure 

A  failure  in  the  power  supply  to  the  power-as 
sisted steering, where  fitted,  must  not prevent ma 
chinery  from  being  steered  during  the  time  re 
quired  to  stop  it 

46 

3.4. 

Protection against  mechanical  hazards 

91/368/EEC -  Art. l(6)(g) 

3.4.1.  Uncontrolled movements 

When a part of  a machine  has been stopped, any 
drift away from the stopping position, for whatever 
reason  other  than  action  at the  controls,  must  be 
such that it is not  a hazard to exposed persons. 

Machineiy  must  be  so  designed,  constructed  and 
where appropriate placed on its mobile support as 
to  ensure  that when  moved  the  uncontrolled  os 
cillations  of  its  centre  of  gravity do  not  affect  its 
stability or exert excessive  strain on  its structure. 

3.4.2.  Risk of break-up  during operation 

Parts  of  machinery  rotating  at  high  speed  which, 
despite the measures taken, may break up or disin 
tegrate,  must  be  mounted  and  guarded  in  such  a 
way that,  in case of  breakage,  their  fragments  will 
be  contained  or,  if  that  is not  possible,  cannot  be 
projected  towards  the  driving  and/or  operation 
positions. 

3.43.  Rollover 

Where,  in  the  case  of  self-propelled  machinery 
with  a  ride-on  driver  and  possibly  ride-on  opera 
tors,  there  is a  risk of  rolling  over,  the  machinery 
must be designed  for  and be fitted with  anchorage 
points  allowing  it  to  be  equipped  with  a  rollover 
protective  structure  (ROPS). 

This structure  must  be such  that  in case  of  rolling 
over  it  affords  the  ride-on  driver  and  where  ap 
propriate 
the  ride-on  operators  an  adequate 
deflection-limiting  volume  (DLV). 

In  order  to verify  that  the structure  complies with 
the  requirement  laid  down  in  the  second  para 
graph,  the  manufacturer  or  his  authorized  repre 
sentative  established  within  the  Community  must, 
for  each  type  of  structure  concerned,  perform  ap 
propriate  tests or  have such  tests  performed. 

In  addition, the earth-moving  machinery  listed  be 
low  with  a  capacity  exceeding  15  kW  must  be 
fitted with  a rollover  protective  structure: 

—  crawler  loaders or wheel  loaders, 

—  backhoe  loaders, 

—  crawler  tractors  or wheel  tractors, 

—  scrapers,  self-loading  or  not 

—  graders, 

—  articulated  steer  dumpers. 

47 

3.4.4.  Falling objects 

91/368/EEC -  Art. l(6)(g) 

Where,  in  the  case  of  machinery  with  a ride-on 
driver  and  possibly ride-on operators,  there  is  a 
risk due to falling objects or material, the machin 
ery should  be  designed  for,  and  fitted  with,  if  its 
size  allows,  anchorage  points  allowing  it  to  be 
equipped  with a falling-object  protective  structure 
(FOPS). 

This  structure  must  be  such  that  in  the  case  of 
falling  objects  or  material,  it guarantees  the ride-
on  operators  an  adequate  deflection-limiting  vol 
ume (DLV). 

In  order to verify  that the structure  complies with 
the  requirement  laid  down  in  the  second  para 
graph,  the  manufacturer  or  his  authorized  repre 
sentative  established  within  the  Community  must, 
for  each type  of  structure  concerned,  perform  ap 
propriate  tests or  have such  tests  performed. 

3.4.5.  Means of access 

and 

Handholds 
steps  must  be  designed, 
constructed  and  arranged  in  such  a  way  that  the 
operators  use  them  instinctively  and  do  not  use 
the  controls  for  that  purpose. 

3.4.6.  Towing devices 

All machinery used to tow or to be towed must be 
fitted  with  towing  or  coupling  devices  designed, 
constructed  and  arranged  to  ensure  easy and  safe 
connection and disconnection, and to prevent acci 
dental  disconnection  during  use. 

In so far  as the towbar load requires, such machin 
ery  must  be  equipped  with  a support  with  a  bear 
ing surface  suited  to  the  load  and  the ground. 

3.4.7.  Transmission  of  power  between self-propelled  ma 
chinery  (or tractor)  and recipient  machinery 

Transmission  shafts  with  universal  joints  linking 
self-propelled  machinery  (or  tractor)  to  the  first 
fixed  bearing  of  recipient  machinery  must  be 
guarded  on  the  self-propelled  machinery  side  and 
the recipient  machinery side over the whole length 
of  the  shaft  and  associated  universal joints. 

On  the  side  of  the  self-propelled  machinery  (or 
tractor), the power take-off  to which the transmis 
sion shaft  is attached  must be  guarded either  by a 
screen  fixed  to  the  self-propelled  machinery  (or 
tractor)  or  by any other  device  offering  equivalent 
protection. 

48 

91/368/EEC -  Art. l(6)(g) 

On the towed machinery side, the input shaft  must 
be  enclosed  in  a  protective  casing  fixed  to  the 
machinery. 

Torque limiters or freewheels  may be fitted  to uni 
versal joint  transmissions  only  on  the  side  adjoin 
ing  the  driven  machine. The  universal-joint  trans 
mission  shaft  must  be  marked  accordingly. 

All  towed  machinery  whose  operation  requires  a 
transmission  shaft  to  connect  it  to  self-propelled 
machinery  or  a  tractor  must have  a system for  at 
taching  the  transmission  shaft  so  that  when  the 
machineiy is uncoupled  the transmission shaft  and 
its  guard  are  not  damaged  by  contact  with  the 
ground  or part  of  the  machineiy. 

The  outside  parts  of  the  guard  must -be  so  de 
signed, constructed  and  arranged  that  they cannot 
turn  with  the  transmission  shaft.  The  guard  must 
cover the  transmission  shaft  to  the  ends of the in 
ner 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. 

Manufacturers  providing means of access to work 
ing  positions  near  to  the  universal joint  transmis 
sion  shaft  must  ensure  that  shaft  guards  as  de 
scribed  in  the  sixth  paragraph  cannot  be  used  as 
steps  unless  designed  and  constructed  for  that 
purpose. 

3.4.8.  Moving transmission parts 

By way of  derogation  from  section  13.8.A,  in  the 
case  of  internal  combustion  engines,  removable 
guards  preventing  access  to  the  moving  parts  in 
the engine compartment  need not have locking de 
vices  if  they  have  to  be  opened  either  by  the  use 
of  a  tool  or  key  or  by  a  control  located  in  the 
driving  position  if  the  latter  is  in  a  fully  enclosed 
cab with  a  lock  to  prevent  unauthorized  access. 

49 

3.5. 

Protection against  other hazards 

91/368/EEC  -  Art  l(6)(g) 

3.5.1.  Batteries 

The  battery  housing  must  be constructed  and lo 
cated  and the  battery  installed  so  as to  avoid as 
far  as  possible  the  chance  of  electrolyte  being 
ejected on to the operator in the event of rollover 
and/or  to  avoid  the  accumulation  of  vapours  in 
places occupied by operators. 

Machinery  must  be  so  designed  and constructed 
that the battery can be disconnected  with the aid 
of  an  easily  accessible  device  provided  for  that 
purpose. 

3.5.2.  Fire 

Depending  on  the  hazards  anticipated  by  the 
manufacturer  when in use, machinery  must, where 
its size permits: 

—  either allow easily accessible fire extinguishers 

to be  fitted, 

—  or  be  provided  with  built-in  extinguisher 

systems. 

3.5.3.  Emissions of dust,  gases,  etc. 

Where such  hazards  exist, the containment  equip 
ment  provided  for  in  section  1.5.13  may be  re 
placed  by other  means,  for  example  precipitation 
by water  spraying. 

The  second  and third  paragraphs  of section  1.5.13 
do  not apply where  the  main  function  of the ma 
chinery is the spraying  of products. 

3.6. 

Indications 

3.6.1.  Signs and warning 

Machinery  must  have  means  of  signalling  and/or 
instruction  plates  concerning  use, adjustment  and 
maintenance,  wherever  necessary,  to  ensure  the 
health  and  safety  of  exposed  persons.  They  must 
be chosen, designed and constructed  in such a way 
as to be  clearly visible  and indelible. 

Without  prejudice  to  the  requirements  to be ob 
served  for  travelling  on  the  public  highway,  ma 
chinery with a ride-on driver must have the follow 
ing  equipment: 

—  an  acoustic  warning  device  to  alert  exposed 

persons, 

—  a  system  of  light  signals  relevant  to  the in 
tended  conditions  of  use such  as stop  lamps, 
reversing  lamps  and  rotating  beacons.  The 
latter  requirement  does  not  apply to machin 
ery  intended  solely  for  underground  working 
and  having  no electrical  power. 

50 

91/368/EEC -  Art. l(6)(g) 

Remote-controlled machinery which under normal 
conditions  of  use  exposes persons  to  the  hazards 
of impact or crushing must be fitted with appropri 
ate  means to signal its movements or with means 
to  protect  exposed  persons  against  such  hazards. 
The  same  applies  to  machinery  which  involves, 
when  in  use, the  constant  repetition  of  a forward 
and  backward  movement  on  a  single  axis  where 
the  back  of  the  machine  is  not  directly  visible  to 
the  driver. 

Machinery  must  be  so  constructed  that the warn 
ing  and  signalling  devices  cannot  all  be  disabled 
unintentionally.  Where  this  is essential  for  safety, 
such  devices  must  be  provided  with the  means  to 
check  that  they  are  in  good  working  order  and 
their  failure  must  be  made  apparent  to  the 
operator. 

Where  the  movement  of  machinery  or  its  tools  is 
particularly  hazardous,  signs  on  the  machinery 
must  be provided  to warn  against  approaching  the 
machineiy  while  it  is  working;  the  signs  must  be 
legible at  a sufficient  distance  to ensure  the  safety 
of  persons who  have  to  be  in  the vicinity. 

3.6.2.  Marking 

The  minimum  requirements  set  out  in  1.7.3  must 
be  supplemented  by the  following: 

—  nominal  power  expressed  in kW, 

—  mass  in  kg  of  the  most  usual  configuration 

and, where  appropriate: 

—  maximum  drawbar  pull  provided  for  by 
the  manufacturer  at  the  coupling  hook, 
inN, 

—  maximum  vertical  load  provided  for  by 
the  manufacturer  on  the  coupling  hook, 
inN. 

3.6.3. 

Instruction  handbook 

Apart  from  the  minimum  requirements  set  out  in 
1.7.4;  the  instruction  handbook  must  contain  the 
following'information: 

(a)  regarding  the  vibrations  emitted  by  the  ma 
chinery,  either  the  actual  value  or  a  figure 
calculated  from  measurements  performed  on 
identical  machinery: 

— 

the weighted  root  mean square  accelera 
tion value  to which  the  arms  are  subjec 
ted,  if  it  exceeds  2,5  m/s2;  should  it  not 
exceed 2,5 m/s2, this must be  mentioned, 

51 

91/368/EEC -  Art  l(6)(g) 

— 

the weighted root mean square accelera 
tion  value  to  which  the  body  (feet  or 
posterior)  is  subjected,  if  it  exceeds 
0,5 m/s2; should  it  not  exceed  0,5  m/s2, 
this must be mentioned. 

Where  the  harmonized  standards are not applied, 
the vibration must be measured using the most ap 
propriate  method  for  the  machinery concerned. 

The  manufacturer  must  indicate  the  operating 
conditions  of  the  machineiy  during  measurement 
and which methods were used for taking the mea 
surements; 

(b) 

in the case of machineiy allowing several uses 
depending  on  the  equipment  used,  manufac 
turers  of  basic  machinery  to  which  inter 
changeable  equipment  may  be  attached  and 
manufacturers  of  the  interchangeable  equip 
ment  must provide  the  necessary  information 
to  enable  the  equipment  the  be  fitted  and 
used  safely. 

4. 

SAFETY 
HEALTH 
ESSENTIAL 
REQUIREMENTS 
THE 
TO 
PARTICULAR  HAZARDS DUE TO A LIFTING 
OPERATION 

AND 
OFFSET 

Machineiy presenting  hazards due  to lifting  opera 
tions — mainly hazards of  load  falls  and  collisions 
or  hazards of tippinp caused  by a  lifting  operation 
—  must  be  designed  and  constructed  to  meet  the 
requirements  set out  Hlow. 

Risks due to a lifting operation exist particularly in 
the  case  of  machinery  designed  to  move  a  unit 
load  involving  a change  in  level  during  the  move 
ment  The  load  may  consist  of  objects,  materials 
or  goods. 

93/44/EEC -  Art  l(10)(m) 

91/368/EEC -  Art  l(6)(g) 

4.1. 

General remarks 

4.1.1.  Definitions 

(a) 

lifting  accessories: 

'lifting  accessories'  means  components  or 
equipment  not  attached  to  the  machine  and 
placed  between  the  machinery  and  the  load 
or  on  the  load  in  order  to  attach  it; 

(b)  separate  lifting  accessories: 

'separate lifting accessories' means accessories 
which  help  to  make  up  or  use  a  slinging  de 
vice,  such  as  eyehooks,  shackles,  rings,  eye-
bolts, etc.; 

52 

(c)  guided load: 

91/368/EEC -  Art  l(6)(g) 

'guided load' means the load where the total 
movement  is  made  along  rigid  or flexible 
guides, whose position is determined by fixed 
points; 

(d)  working  coefficient: 

'working coefficient'  means the arithmetic ra 
tio  between  the  load  guaranteed  by  the 
manufacturer  up to which  a  piece  of  equip 
ment,  an  accessory  or  machinery  is  able  to 
hold  it  and  the  maximum  working  load 
marked  on  the  equipment,  accessory  or ma 
chinery respectively; 

(e)  test  coefficient: 

'test  coefficient'  means  the  arithmetic  ratio 
between the load  used to carry out the static 
or dynamic tests on a piece of  equipment, an 
accessory  or  machineiy  and  the  maximum 
working  load  marked on  the  piece  of equip 
ment, accessory or machinery, 

(f)  static test 

'static  test'  means  the  test  during  which  the 
machineiy  or  the  lifting  accessory  is  first  in 
spected  and subjected to a force  correspond 
ing to  the  maximum working  load  multiplied 
by the  appropriate  static  test  coefficient  and 
then re-inspected once the said load has been 
released  to ensure  no damage  has occurred; 

(g)  dynamic test 

'dynamic  test'  means  the  test  during  which 
the  machinery  is  operated  in  all  its  possible 
configurations  at maximum working load with 
account being taken of the dynamic behaviour 
of  the  machinery  in  order  to  check  that  the 
machineiy and safety features  are  functioning 
properly. 

4.1.2.  Protection, against mechanical hazards 

4.1.2.1.  R i s ks  due  to 

l a ck  of  s t a b i l i ty 

Machinery  must  be  so  designed  and  constructed 
that  the  stability  required  in  1.3.1  is  maintained 
both  in  service  and  out  of  service,  including  all 
stages  of  transportation,  assembly  and  disman 
tling,  during  foreseeable  component  failures  and 
also  during  the  tests  carried  out  in  accordance 
with the instruction handbook. 

53 

91/368/EEC -  Art  l(6)(g) 

To  that  end,  the  manufacturer  or  his  authorized 
representative  established  within  the  Community 
must  use  the appropriate verification  methods; in 
particular, for  self-propelled  industrial  trucks with 
lift  exceeding 1,80 m, the manufacturer or his au 
thorized  representative  established  within  the 
Community must, for each type of industrial truck 
concerned, perform  a platform stability test or sim 
ilar test, or  have such  tests performed. 

4.1.2.2.  G u i de  r a i ls  and  r a il 

t r a c ks 

Machineiy  must  be  provided  with  devices  which 
act  on  the  guide  rails  or  tracks  to  prevent 
derailment. 

However,  if  derailment  occurs  despite  such  de 
vices, or  if  there  is a failure  of  a  rail  or  of a  run 
ning  component, devices  must  be  provided  which 
prevent  the  equipment,  component  or  load  from 
falling  or the  machine  overturning. 

4.1.23.  M e c h a n i c al 

s t r e n g th 

Machinery, lifting  accessories  and  removable com 
ponents  must  be  capable  of  withstanding  the 
stresses  to which  they  are  subjected,  both  in  and, 
where applicable, out of use, under the installation 
and  operating  conditions  provided  for  by  the 
manufacturer,  and  in  all  relevant  configurations, 
with due  regard, where  appropriate,  to  the  effects 
of  atmospheric  factors  and  forces  exerted  by per 
sons. This requirement  must  also be  satisfied  dur 
ing transport, assembly  and  dismantling. 

Machinery and lifting accessories must be designed 
and  constructed  so  as  to  prevent  failure  from  fa 
tigue or wear, taking due account of their intended 
use. 

The  materials  used must be chosen on the basis of 
the  working  environments  provided  for  by  the 
manufacturer,  with  special  reference  to  corrosion, 
abrasion,  impacts, cold  brittleness  and  ageing. 

The  machinery  and  the  lifting  accessories  must be 
designed  and  constructed  to  withstand  the  over 
load  in  the  static  tests  without  permanent  de 
formation  or  patent  defect  The  calculation  must 
take  account of  the values of  the static test  coeffi 
cient  chosen  to  guarantee  an  adequate  level  of 
safety:  that  coefficient  has,  as  a  general  rule,  the 
following values: 

(a)  manually-operated  machinery  and  lifting  ac 

cessories:  1,5; 

54 

(b)  other machinery:  1,25. 

91/368/EEC -  Art  l(6)(g) 

Machinery  must  be  designed  and  constructed  to 
undergo, without failure, the dynamic tests carried 
out using the maximum working load multiplied by 
the dynamic test coefficient  This dynamic test co 
efficient  is chosen so as to guarantee  an adequate 
level of safety: the coefficient  is, as a general rule, 
equal  to 1,1. 

The dynamic tests must be performed  on machin 
ery  ready  to  be  put  into  service  under  normal 
conditions of  use. As  a general rule, the tests will 
be performed  at the  nominal speeds  laid down by 
the manufacturer. Should the control circuit of the 
machineiy  allow  for  a  number  of  simultaneous 
movements  (for  example,  rotation  and  displace 
ment  of  the  load),  the  tests  must  be  carried  out 
under the least favourable conditions, Le. as a gen 
eral rule, by combining the movements concerned. 

4.1.2.4.  P u l l e y s,  d r u m s,  c h a i ns  or 

r o p es 

Pulleys,  drums  and wheels  must  have  a diameter 
commensurate with the size of rope or chains with 
which they can be  fitted. 

Drums  and  wheels  must  be  so  designed, 
constructed  and  installed  that  the  ropes  or  chains 
with  which  they  are  equipped  can  wind  round 
without  falling  off. 

Ropes  used  directly  for  lifting  or  supporting  the 
load  must  not  include  any  splicing  other  than  at 
their  ends  (splicings  are  tolerated  in  installations 
which  are  intended  from  their  design  to  be modi 
fied  regularly  according  to  needs  for  use).  Com 
plete ropes and their endings have a working coef 
ficient  chosen so as to guarantee an adequate level 
of safety; as a general rule, this coefficient  is equal 
to five. 

Lifting chains have a working coefficient  chosen so 
as  to  guarantee  an  adequate  level  of  safety;  as  a 
general  rule, this coefficient  is equal  to  four. 

In order to verify that  an adequate working  coeffi 
cient  has  been  attained,  the  manufacturer  or  his 
authorized  representative  established  within  the 
Community  must  for  each  type  of chain  and  rope 
used  directly  for  lifting  the  load,  and  for  the  rope 
ends,  perform  the  appropriate  tests  or  have  such 
tests  performed. 

55 

4.125.  S e p a r a te 

l i f t i ng  a c c e s s o r i es 

91/368/EEC -  Art  l(6)(g) 

Lifting  accessories  must  be sized with  due  regard 
to  fatigue  and  ageing  processes  for  a  number  of 
operating cycles consistent with their expected life 
span as specified  in the operating conditions for a 
given application. 

Moreover 

(a)  the  working  coefficient  of  the  metallic  rope/ 
rope-end combination is chosen so as to guar 
antee  an adequate level  of safety; this  coeffi 
cient  is,  as  a  general  rule,  equal  to  five. 
Ropes must not comprise any splices or loops 
other than at their ends; 

(b)  where chains with welded links are used, they 
must  be  of  the  short-link  type.  The  working 
coefficient  of  chains of  any type  is chosen so 
as  to  guarantee  an  adequate  level  of  safety, 
this  coefficient  is, as  a general  rule,  equal  to 
four; 

(c) 

the  working  coefficient  for  textile  ropes  or 
slings  is  dependent  on  the  material,  method 
of  manufacture,  dimensions  and  use. This co 
efficient  is chosen so as to guarantee  an ade 
quate  level  of  safety,  it  is,  as  a  general  rule, 
equal  to  seven,  provided  the  materials  used 
are  shown  to be of very good  quality and  the 
method  of  manufacture  is appropriate  to  the 
intended  use. Should  this not be  the case, the 
coefficient  is, as a general  rule, set  at  a high 
er  level in order  to secure an equivalent  level 
of  safety. 

Textile  ropes  and  slings  must  not  include  any 
knots,  connections  or  splicing  other  than  at 
the ends of the sling, except in the case of an 
endless sling; 

(d)  all  metallic  components  making  up,  or  used 
with,  a sling  must  have  a working  coefficient 
chosen  so  as  to  guarantee  an  adequate  level 
of  safety;  this coefficient  is, as  a general rule, 
equal  to  four, 

56 

91/368/EEC -  Art. l(6)(g) 

(e)  the  maximum  working  capacity  of  a  multi-
legged sling is determined on the basis of the 
safety coefficient of the weakest leg, the num 
ber of  legs  and a reduction factor  which de 
pends on the slinging configuration; 

(f) 

in  order  to  verify  that  an  adequate  working 
coefficient  has been attained, the manufactur 
er or his authorized representative established 
within the Community must, for each type of 
component  referred to in (a), (b), (c) and (d) 
perform  the  appropriate  tests  or  have  such 
tests performed. 

4.1.2.6.  C o n t r ol  of  m o v e m e n ts 

Devices  for  controlling  movements  must  act  in 
such  a way that  the  machineiy on which  they are 
installed  is kept safe: 

(a)  machineiy must be so designed or fitted with 
devices that the amplitude of movement of its 
components is kept within the specified limits. 
The  operation  of  such  devices  must  where 
appropriate,  be preceded  by a warning; 

(b)  where several  fixed  or rail-mounted  machines 
can  be  manoeuvred  simultaneously  in  the 
same  place,  with risks of  collision,  such  ma 
chines  must  be  so  designed  and  constructed 
as  to  make  it possible  to fit systems  enabling 
these risks to  be  avoided; 

(c) 

the  mechanisms of  machinery  must  be  so de 
signed  and  constructed  that  the  loads  cannot 
creep dangerously or fall  freely  and  unexpect 
edly, even  in the event of partial  or  total  fail 
ure of the power supply or when  the  operator 
stops  operating  the  machine; 

(d)  it  must not be possible, under normal  operat 
ing  conditions,  to  lower  the  load  solely  by 
friction  brake,  except  in  the  case  of  machin 
ery,  whose  function  requires  it  to  operate  in 
that way, 

(e)  holding  devices  must  be  so  designed  and 
constructed  that  inadvertent  dropping  of  the 
loads  is avoided. 

4.1.2.7.  H a n d l i ng  of 

l o a ds 

The  driving position of  machinery must  be  located 
in such a way as to ensure the widest possible view 
of  trajectories  of  the  moving  parts,  in  order  to 
avoid possible collisions with persons or equipment 
or  other  machinery  which  might  be  manoeuvring 
at  the same  time and  liable to constitute  a hazard. 

57 

91/368/EEC -  Art. l(6)(g) 

Machinery  with  guided  loads  fixed  in  one  place 
must be designed and constructed so as to prevent 
exposed persons from being hit by the load or the 
counter-weights. 

4.12.8.  L i g h t n i ng 

Machineiy in need of protection against the effects 
of lightning while being used must be fitted with a 
system  for  conducting  the  resultant  electrical 
charges to earth. 

4.2. 

Special  requirements  for  machinery  whose  power 
source is other than manual  effort 

42.1.  Controls 

4.2.1.1.  D r i v i ng  p o s i t i on 

The  requirements  laid  down  in  section  3.2.1  also 
apply to  non-mobile  machinery. 

4.2.1.2.  S e a t i ng 

The  requirements  laid  down  in  section  3.2.2,  first 
and  second  paragraphs,  and  those  laid  down  in 
section  3.2.3  also apply to  non-mobile  machinery. 

4.2.1.3.  C o n t r ol  d e v i c es 

The  devices controlling movements of  the  machin 
ery  or  its  equipment  must  return  to  their  neutral 
position  as soon as they are released by the opera 
tor.  However,  for  partial  or  complete  movements 
in  which  there  is  no  risk  of  the  load  or  the  ma 
chinery colliding, the  said devices may be  replaced 
by  controls  authorizing  automatic  stops  at  prese 
lected  levels without  holding  a hold-to-run  control 
device. 

4.2.1.4.  L o a d i ng  c o n t r ol 

Machinery  with  a  maximum  working  load  of  not 
less  than  1 000  kilograms  or  an  overturning  mo 
ment  of  not  less  than  40  000  Nra  must  be  fitted 
with  devices  to  warn  the  driver  and  prevent  dan 
gerous  movements  of  the  load  in' the  event  of: 

—  overloading  the  machinery: 

—  either  as  a  result  of  maximum  working 

loads being  exceeded,  or 

—  as  a  result  of  the  moments  due  to  the 

loads being exceeded, 

— 

the  moments  conducive  to  overturning  being 
exceeded  as a  result  of  the  load  being  lifted. 

4.2.2. 

Installation guided  by  cables 

Cable  carriers, tractors or  tractor  carriers  must be 
held  by  counter-weights  or  by  a  device  allowing 
permanent  control  of  the  tension. 

58 

4.23.  Risks to exposed persons.  Means of access to driving 

91/368/EEC -  Art. l(6)(g) 

position  and intervention points 

Machinery with guided loads and machinery whose 
load  supports  follow  a  clearly  defined  path  must 
be  equipped  with  devices  to  prevent  any risks to 
exposed persons. 

Machinery  serving  specific  levels  at which opera 
tors can gain access to the  load platform  in order 
to stack or secure  the  load must be  designed and 
constructed  to prevent  uncontrolled  movement  of 
the load platform, in particular while being loaded 
or unloaded. 

93/44/EEC -  Art. l(10)(n) 

4.2.4.  Fitness for purpose 

91/368/EEC -  Art  l(6)(g) 

When machineiy is placed on the market or is  first 
put  into  service,  the  manufacturer  or  his  autho 
rized  representative  established  within  the  Com 
munity  must  ensure,  by  taking  appropriate  mea 
sures or having them taken, that lifting  accessories 
and machineiy which are ready for use  —  wheth 
er manually or power-operated  —  can fulfil  their 
specified  functions safely. The said measures must 
take into account the static and dynamic aspects of 
the machinery. 

Where the  machineiy  cannot be  assembled  in the 
manufacturer's premises, or in the premises of his 
authorized  representative  established  within  the 
Community,  appropriate  measures  must  be  taken 
at the place  of  use. Otherwise,  the  measures may 
be  taken either in the  manufacturer's  premises or 
at the place of use. 

4.3.  Marking 

4.3.1.  Chains and  ropes 

Each  length of  lifting  chain,  rope  or webbing not 
forming part of  an assembly must bear a mark or, 
where  this  is  not possible,  a plate  or  irremovable 
ring  bearing  the  name  and  - address  of  the 
manufacturer  or  his  authorized  representative  es 
tablished  in  the  Community  and  the  identifying 
reference  of  the  relevant  certificate. 

The  certificate  should  show  the  information  re 
quired  by  the  harmonized  standards  or,  should 
those  not exist  at least  the following  information: 

— 

— 

the  name  of  the  manufacturer  or  his autho 
rized  representative  established  within  the 
Community, 

the  address  within  the  Community  of  the 
manufacturer or his authorized representative, 
as appropriate, 

59 

—  a  description  of  the  chain  or  rope  which 

91/368/EEC -  Art. l(6)(g) 

includes: 

— 

its nominal size, 

— 

its construction, 

— 

the  material  from which it is made, and 

—  any  special  metallurgical  treatment  ap 

plied  to the  material, 

— 

if  tested,  the standard used, 

—  a  maximum  load  to which  the chain  or rope 
should  be  subjected  in  service.  A  range  of 
values may be given for specified  applications. 

43.2.  Lifting accessories 

All  lifting  accessories  must  show  the  following 
particulars: 

— 

identification  of  the  manufacturer, 

— 

identification  of the material (e.g. internation 
al  classification)  where  this  information  is 
needed  for  dimensional  compatibility, 

— 

identification  of  the  maximum working  load, 

—  CE  marking. 

93/68/EEC -  Art  6(1) 

In  the  case  of  accessories  including  components 
such as cables or ropes, on which marking is physi 
cally  impossible,  the  particulars  referred  to  in  the 
first paragraph  must  be displayed  on  a plate or by 
some  other  means  and  securely  affixed  to  the 
accessory. 

The  particulars  must  be  legible  and  located  in  a 
place  where  they  are  not  liable  to  disappear  as  a 
result  of  machining,  wear,  etc.,  or  jeopardize  the 
strength  of  the  accessory. 

4.3.3.  Machinery 

In  addition  to  the  minimum  information  provided 
for  in  1.7.3,  each  machine  must  bear,  legibly  and 
indelibly, information  concerning the nominal load: 

(i)  displayed  in  uncoded  form  and  prominently 
on  the  equipment  in  the  case  of  machinery 
which  has only one  possible value; 

(ii)  where  the  nominal  load  depends  on  the  con 
figuration  of  the  machine,  each  driving  posi 
tion  must  be provided  with  a load  plate indi 
cating, preferably  in diagrammatic  form  or by 
means  of  tables,  the  nominal  loads  for  each 
configuration. 

60 

Machinery equipped with a load support which al 
lows  access  to  persons  and  involves a risk of  fal 
ling  must bear a clear and indelible warning pro 
hibiting  the  lifting  of  persons. This warning  must 
be visible  at each place where access is possible. 

91/368/EEC -  Art. l(6)(g) 

4.4. 

Instruction  handbook 

4.4.1.  Lifting accessories 

Each  lifting  accessory  or  each  commercially  indi 
visible  batch  of  lifting  accessories  must  be  accom 
panied with an instruction handbook setting out at 
least  the  following  particulars: 

normal  conditions  of  use, 

instructions 
maintenance, 

for 

use, 

assembly 

and 

— 

the  limits of  use (particularly  for  the accesso 
ries which cannot  comply with 4.1.2.6  (e)). 

4.4.2. 

Machinery 

In  addition  to  section  1.7.4, the  instruction  hand 
book  must  include  the  following  information: 

(a)  the  technical  characteristics  of  the  machinery, 

and  in  particular: 

—  where  appropriate, a copy of the load ta 
ble  described  in section  43.3 (ii), 

— 

the  reactions  at  the  supports  or  anchors 
and  characteristics  of  the  tracks, 

—  where appropriate, the definition  and the 
means  of  installation  of the  ballast; 

(b)  the  contents  of  the  logbook,  if  the  latter  is 

not  supplied  with  the  machinery, 

(c)  advice  for  use,  particularly  to  offset  the  lack 
of  direct  sight of  the  load  by the  operator; 

(d)  the  necessary  instructions  for  performing  the 
tests  before  first  putting  into service  machin 
ery  which  is  not  assembled  on  the  manufac 
turer's  premises  in  the  form  in which  it  is  to 
be  used. 

5. 

ESSENTIAL 
REQUIREMENTS 
INTENDED  FOR  UNDERGROUND  WORK 

SAFETY 
MACHINERY 

HEALTH 

AND 

FOR 

93/44/EEC -  Art  l(10)(o) 

Machinery  intended  for  underground  work  must 
be  designed  and  constructed  to  meet  the  require 
ments  set  out  below. 

93/44/EEC -  Art  l(10)(p) 

61 

5.1. 

Risks due to lack of stability 

91/368/EEC -  Art  l(6)(g) 

Powered  roof  supports  must  be  so  designed  and 
constructed  as to maintain a given direction when 
moving  and  not  slip  before  and while  they  come 
under  load  and after  the  load  has been removed. 
They  must  be  equipped  with  anchorages  for  the 
top plates of  the individual  hydraulic props. 

5.2.  Movement 

Powered roof  supports must allow for  unhindered 
movement  of  exposed persons. 

53. 

Lighting 

The requirements laid down in the third paragraph 
of  section  1.1.4  do not apply. 

5.4. 

Control devices 

The  accelerator  and brake controls  for  the  move 
ment of machineiy running on rails must be manu 
al.  The  deadman's  control  may  be  foot-operated, 
however. 

The control devices of powered roof supports must 
be  designed  and laid  out  so  that, during  displace 
ment operations, operators are sheltered  by a sup 
port  in  place.  The  control  devices  must  be  pro 
tected  against  any accidental  release. 

5.5. 

Stopping 

Self-propelled  machinery  running  on  rails  for  use 
in  underground  work  must  be  equipped  with  a 
deadman's  control  acting on the  circuit  controlling 
the  movement  of  the  machinery. 

5.6. 

Fire 

The second indent of 3.5.2 is mandatory  in respect 
of  machinery  which  comprise  highly  flammable 
parts. 

The  braking system of machinery  meant  for  use in 
underground  working  must  be  designed  and 
constructed  so  as  not  to  produce  sparks  or  cause 
fires. 

Machinery  with  heat  engines  for  use  in  under 
ground  working  must  be  fitted  only  with  internal 
combustion  engines  using fuel  with  a  low vaporiz 
ing pressure  and which exclude  any spark  of  elec 
trical  origin. 

5.7. 

Emissions  of dust, gases  etc 

Exhaust  gases  from  internal  combustion  engines 
must  not  be  discharged  upwards. 

62 

93/44/EEC -  Art. l(10)(q) 

SAFETY 
ESSENTIAL  HEALTH 
THE 
TO 
REQUIREMENTS 
PARTICULAR  HAZARDS  DUE  TO  THE 
LIFTING  OR MOVTNG OF PERSONS 

AND 
OFFSET 

Machineiy presenting hazards due to the lifting or 
moving  of  persons  must  be  designed  and 
constructed  to  meet  the  requirements  set  out 
below. 

6.1. 

General 

6.1.1.  Definition 

For the  purposes of  this  Chapter,  'carrier' means 
the  device  by which persons  are  supported  in or 
der to be lifted,  lowered or moved. 

6.1.2  Mechanical strength 

The working coefficients  defined  in  heading 4 are 
inadequate  for  machineiy  intended  for  the  lifting 
or moving of  persons  and must  as a general rule, 
be  doubled.  The  floor  of  the  carrier  must  be  de 
signed  and  constructed  to  offer  the  space  and 
strength corresponding to the maximum number of 
persons and the maximum working load set by the 
manufacturer. 

6.13.  Loading control for types  of device  moved by power 

other than  human  strength 

The requirements of 4.2.1.4 apply regardless of the 
maximum  working  load  figure.  This  requirement 
does  not  apply  to  machinery  in  respect  of  which 
the manufacturer  can demonstrate  that there is no 
risk of overloading  and/or  overturning. 

6.2. 

Controls 

6.2.1.  Where  safety  requirements  do  not  impose  other 

solutions: 

The  carrier  must  as  a  general  rule,  be  designed 
and constructed  so that persons  inside  have means 
of controlling  movements upwards and downwards 
and, if appropriate, of  moving  the carrier  horizon 
tally in  relation  to  the  machinery. 

In operation, those controls must override the oth 
er  devices  controlling  the  same  movement  with 
the  exception  of  the  emergency  stop devices. 

The  controls  for  these  movements  must  be  of  the 
maintained  command  type,  except  in  the  case  of 
machinery  serving  specific  levels. 

63 

93/44/EEC -  Art. l(10)(q) 

622. 

If  machinery  for  the  lifting  or  moving  of  persons 
can  be moved with  the carrier  in  a position  other 
than  the  rest  position,  it  must  be  designed  and 
constructed  so  that  the  person  or  persons  in  the 
carrier have the  means of preventing hazards pro 
duced  by the  movement  of  the  machinery. 

6.23.  Machinery  for  the  lifting  or  moving  of  persons 
must be designed, constructed  or equipped  so that 
excess speeds of  the  carrier  do  not  cause  hazards. 

63. 

Risks of persons  falling  from  the  carrier 

63.1. 

If  the  measures  referred  to  in  1.1.15 are  not  ade 
quate,  carriers  must  be  fitted  with  a  sufficient 
number  of  anchorage  points  for  the  number  of 
persons  possibly  using  the  carrier,  strong  enough 
for  the  attachment  of  personal  protective  equip 
ment  against  the  danger  of  falling. 

6.3.2.  Any  trapdoors  in  floors  or  ceilings  or  side  doors 
must  open  in  a  direction  which  obviates  any risk 
of  falling  should  they open  unexpectedly. 

6 3 3.  Machinery  for  lifting  or  moving  must  be  designed 
and  constructed  to  ensure  that  the  floor  of  the 
carrier  does  not  tilt  to  an  extent  which  creates  a 
risk  of  the  occupants  falling,  including  when 
moving. 

The  floor  of  the  carrier  must  be  slip-resistant 

6.4. 

Risks of the carrier  falling  or  overturning 

6.4.1.  Machinery  for  the  lifting  or  moving  of  persons 
must  be  designed  and  constructed  to  prevent  the 
carrier  falling  or  overturning. 

6.4.2.  Acceleration  and braking of the carrier or carrying 
vehicle,  under  the  control  of  the  operator  or  trig 
gered  by a  safety  device  and  under  the  maximum 
load  and  speed  conditions  laid  down  by  the 
manufacturer,  must  not  cause  any  danger  to  ex 
posed  persons. 

6.5.  Markings 

Where  necessary to ensure safety,  the carrier  must 
bear  the  relevant  essential  information. 

64 

ANNEX II 

89/392/EEC 

A.  Contents  of  the  EC  declaration  of  conformity  for 

machinery (1) 

93/44/EEC -  Art. l(ll)(a) 

The EC declaration of conformity  must contain the follow 
ing particulars: 

89/392/EEC 

—  name  and  address of  the  manufacturer  or  his author 
ized  representative  established  in the  Community (2), 

—  description  of the  machineiy  (3), 

—  all 

relevant  provisions  complied  with  by 

the 

machinery, 

—  where  appropriate,  name  and  address  of  the  notified 
type-examination 

the  EC 

body  and  number  of 
certificate, 

—  where  appropriate, the name and address of the noti 
fied body to which  the file has been  forwarded  in ac 
cordance  with the  first  indent  of  Article  8 (2) (c), 

—  where  appropriate, the name  and address of the  noti 
fied  body  which  has  carried  out  the  verification  re 
ferred  to in  the  second  indent  of Article  8 (2) (c), 

—  where  appropriate,  a  reference  to  the  harmonized 

standards, 

—  where  appropriate,  the  national  technical  standards 

and  specifications  used, 

— 

identification  of the person empowered  to sign on be 
half  of 
the  manufacturer  or  his  authorized 
representatives. 

B.  Contents  of  the  declaration  by  the  manufacturer  or 
his  authorized  representatives  established  in  the 
Community  (Article 4  (2)) 

^ 

The  manufacturer's  declaration  referred  to in Article  4 (2) 
must  contain  the  following  particulars: 

—  name  and address of the  manufacturer  or  the  author 

ized  representative, 

—  description  of  the  machinery  or  machinery parts, 

—  where  appropriate,  the  name  and address of the  noti 
fied  body  and  the  number  of  the  EC  type-examin 
ation  certificate, 

91/368/EEC -  Art  1(7) 

(*)  This  declaration  must  be  drawn  up  in  the  same  language 
as the original instructions  (see Annex  I, Section  1.7.4  (b)) 
and  must  be  either  typewritten  or  handwritten  in  block 
-  capitals. It  must be accompanied  by a translation  in one of 
the  official  languages of  the  country  in which  the  machin 
ery is to be  used. This translation  must  be done in  accord 
ance with  the same conditions  as for  the  translation  of  the 
instructions. 

(2)  Business name and  full  address; authorized  representatives 
must also give the business name and address of the manufac 
turer. 

(3)  Descriptionof the machinery (make, type, serial number.etc). 

65 

91/368/EEC -  Art  1(7) 

—  where appropriate, the name and address of the noti 
fied  body to which the file has been forwarded in ac 
cordance with the first indent of Article 8 (2) (c), 

—  where appropriate, the name and address of the noti 
fied  body which  has  carried  out  the  verification  re 
ferred  to in the second  indent of  Article 8 (2) (c), 

—  where  appropriate,  a  reference  to  the  harmonized 

standards, 

—  a statement  that the  machinery must  not be put into 
service  until  the  machineiy  into  which  it is  to  be in 
corporated  has been declared  in  conformity with  the 
provisions of  the Directive, 

89/392/EEC 

— 

identification  of  the person  signing. 

93/44/EEC -  Art  l(ll)(c) 

C  Contents  of  the  EC  declaration  of  conformity  for 
the  market 

components 

placed 

on 

safety 
separately (*) 

The EC declaration of conformity  must contain the  follow 
ing particulars: 

—  name  and  address of  the  manufacturer  or his author 
ized  representative  established  in  the  Community  (?), 

—  description  of  the  safety  component  (3), 

—  safety  function  fulfilled  by  the  safety  component  if 

not  obvious from  the  description, 

—  where  appropriate,  the name  and  address of the  noti 
fied  body  and  the  number  of  the  EC  type-examin 
ation  certificate, 

—  where  appropriate,  the  name  and  address of the  noti 
fied body  to which  the file was  forwarded  in  accord 
ance with  the first indent  of  Article  8  (2) (c), 

—  where  appropriate,  the name  and  address of the  noti 
fied  body which  carried  out  the  verification  referred 
to  in the  second  indent  of  Article  8 (2) (c), 

—  where  appropriate,  a  reference  to - the  harmonized 

standards, 

—  where  appropriate,  the  national  technical  standards 

and  specifications  used, 

(*)  This  declaration  must  be  drawn  up  in  the  same  language 
as  the  original  instructions  (see  Annex  I, Section  1.7.4  (b)) 
and  must  be  either  typewritten  or  handwritten  in  block 
capitals.  It  must be  accompanied  by  a  translation  in one  of 
the  official  languages  of  the  country  in which  the  machin 
ery  is  to  be  used.  This  translation  must  be  done  in  accord 
ance  with  the  same  conditions  as  for  the  translation  of  the 
instructions. 

(2)  Business  name  and  full  address;  authorized  representatives 
must  also  give  the  business  name  and  address  of  the 
manufacturer. 

(3)  Description  of  the  safety  component  (make,  type,  serial 

number, if any, etc.). 

66 

identification of the person empowered to sign on be 
half of the manufacturer or his authorized representa 
tive established in the  Community. 

93/44/EEC -  Art. l(ll)(c) 

67 

ANNEX IU 

93/68/EEC -  Art 6(8) 

CE CONFORMITY MARKING 

The  CE  conformity  marking  shall  consist  of  the  in 
form: 
itials 

following 

taking 

'CE' 

the 

If the  CE marking is reduced or enlarged  the propor 
tions given  in the  above  drawing  must be  respected. 

The  various  components  of  the  CE  marking  must 
have  substantially  the  same vertical  dimension, which 
may not be less than 5 mm. This minimum  dimension 
may be waived  for  small-scale  machineiy. 

68 

ANNEX IV 

89/392/EEC 

TYPES OF MACHINERY AND SAFETY COMPONENTS 
FOR WHICH THE PROCEDURE REFERRED TO IN 
ARTICLE 8 (2)  (b) AND (c)  MUST BE APPLIED 

93/44/EEC -  "Art. l(12)(a) 

93/44/EEC -  Art. l(12)(b) 

93/44/EEC -  Art  l(12)(c) 

A.  Machinery 

1.  Circular saws (single or  multi-blade)  for working with 
wood  and  analogous  materials  or  for  working  with 
meat  and  analogous  materials. 

1.1.  Sawing  machines  with  fixed  tool  during  operation, 
having a fixed bed with manual feed  of the workpiece 
or with  a demountable  power  feed. 

1.2.  Sawing  machines  with  fixed  tool  during  operation, 
having  a  manually  operated  reciprocating  saw-bench 
or  carriage. 

1.3.  Sawing  machines  with  fixed  tool  during  operation, 
having a built-in mechanical feed  device for the work-
pieces, with manual  loading and/or  unloading. 

1.4.  Sawing machines with movable  tool  during  operation, 
with  a  mechanical  feed  device  and  manual  loading 
and/or  unloading. 

2.  Hand-fed  surface  planing  machines  for  woodworking. 

89/392/EEC 

3.  Thicknessers  for  one-side  dressing with  manual  load 

ing and/or  unloading  for  woodworking. 

4.  Band-saws with  a fixed or  mobile  bed  and  band-saws 
with  a  mobile  carriage,  with  manual  loading  and/or 
unloading, for working with wood  and  analogous  ma 
terials  or  for  working  with  meat  and  analogous  ma 
terials. 

93/44/EEC -  Art  l(12)(d) 

5.  Combined  machines of  the types  referred  to in  1 to 4 
and 7 for working with wood and analogous materials. 

93/44/EEC -  Art.  l(12)(e) 

6.  Hand-fed  tenoning machines with several  tool  holders 

89/392/EEC 

for  woodworking. 

7.  Hand-fed  vertical  spindle  moulding  machines  for 

93/44/EEC -  Art  l(12)(f) 

working with wood  and  analogous  materials. 

69 

8.  Portable chain saws for woodworking. 

89/392/EEC 

9.  Presses,  including press-brakes,  for  the  cold working 
of  metals,  with  manual  loading  and/or  unloading, 
whose  movable  working  parts  may  have  a  travel  ex 
ceeding  6 mm and a speed exceeding 30 mm/s. 

10.  Injection  or  compression  plastics-moulding  machines 

with manual loading or unloading. 

11.  Injection  or  compression  rubber-moulding  machines 

with manual loading or unloading. 

12.  Machinery for  underground working of  the  following 

91/368/EEC -  Art 1(8) 

types: 

—  machinery on rails: locomotives  and brake-vans, 

—  hydraulic-powered  roof supports, 

— 

internal  combustion  engines  to  be fitted to ma 
chinery for  underground working. 

13.  Manually-loaded  trucks  for  the  collection  of  house 
hold  refuse  incorporating a compression  mechanism. 

14.  Guards  and  detachable  transmission  shafts  with  uni 

versal joints  as described  in section  3.4.7. 

15.  Vehicles  servicing  lifts. 

16.  Devices  for  the  lifting  of  persons  involving  a risk of 
falling  from  a  vertical  height  of  more  than  three 
metres. 

17.  Machines  for the manufacture  of pyrotechnics. 

93/44/EEC-Art-l(12)(g) 

6.  Safety  components 

93/44/EEC -  Art  l(12)(h) 

1.  Electro-sensitive devices designed specifically to detect 
persons  in order  to  ensure  their  safety  (non-material 
barriers, sensor  mats, electromagnetic detectors, etc.). 

2.  Logic  units  which  ensure  the  safety  functions  of  bi 

manual  controls. 

3.  Automatic  movable  screens  to  protect  the  presses re 

ferred  to  in 9,  10 and  11. 

4.  Roll-over  protection  structures  (ROPS). 

5.  Falling-object  protective  structures  (FOPS). 

70 

ANNEX V 

89/392/EEC 

EC DECLARATION  OF CONFORMITY 

For the purposes of  this Annex, 'machinery' means either 
'machinery'  or  'safety  component'  as defined  in Article  1 
(2). 

93/44/EEC -  Art 1(13) 

89/392/EEC 

93/68/EEC -  Art  6(1) 

1.  The EC declaration of conformity is the procedure by 
which the manufacturer, or his authorized representa 
tive established  in  the  Community  declares  that  the 
machineiy being placed on the  market complies with 
all the essential  health and safety requirements apply 
ing to  it 

2.  Signature of the EC declaration of conformity author 
izes the manufacturer, or his authorized representative 
in  the  Community,  to  affix  the  CE  marking  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 inspec 
tion  purposes: 

(a)  a  technical  construction file comprising: 

—  an  overall  drawing  of  the  machinery  to 
gether  with drawings of  the control circuits, 

— 

full  detailed  drawings,  accompanied  by any 
calculation  notes, test  results,  etc,  required 
to  check  the  conformity  of  the  machinery 
with  the  essential  health  and  safety  require 
ments, 

—  a  list  of: 

— 

the  essential  requirements  of  this  Di 
rective, 

—  standards,  and 

—  other 

technical  specifications,  which 
were  used when the  machinery was de 
signed, 

—  a description  of  methods adopted  to elimin 

ate  hazards  presented  by the  machinery, 

— 

— 

if  he so desires, any technical  report  or cer 
tificate  obtained  from  a competent  body  or 
laboratory  (}), 

if he declares conformity  with a  harmonized 
standard  which  provides 
therefor,  any 
technical  report  giving  the  results  of  tests 
carried  out  at  his  choice  either  by  himself 
or  by a competent  body  or  laboratory  (*), 

(*)  A  body  or  laboratory  is  presumed  competent  if  it  meets 
the  assessment  criteria  laid  down  in  the  relevant  harmo 
nized  standards. 

71 

—  a copy of the instructions for  the machinery; 

89/392/EEC 

(b)  for  series  manufacture,  the  internal  measures 
that will be  implemented  to ensure  that  the  ma 
chinery remains in conformity with the provisions 
of  the  Directive. 

The  manufacturer  must  carry  out  necessary  research 
or  tests on components, fittings or the completed  ma 
chine to determine whether  by its design or construc 
tion, the  machine is capable of being erected  and  put 
into  service  safely. 

Failure  to present  the documentation  in response to a 
duly substantiated  request  by the  competent  national 
authorities  may  constitute  sufficient  grounds  for 
doubting  the  presumption  of  conformity  with  the  re 
quirements  of  the  Directive. 

4. 

(a)  The  documentation  referred  to  in  3  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-as 
semblies  used  for  the  manufacture  of  the  ma 
chinery  unless  a  knowledge  of  them  is  essential 
for verification  of conformity  with the  basic safe 
ty requirements. 

(b)  The  documentation  referred  to  in  3  above  shall 
be retained  and  kept available  for  the  competent 
national  authorities  for  at  least  10 years  follow 
ing  the date  of  manufacture  of the  machinery  or 
of  the  last  unit  produced,  in  the  case  of  series 
manufacture. 

(c)  The  documentation  referred  to  in  3  above  shall 
be  drawn  up  in  one  of  the  official  languages  of 
the  Communities,  with  the  exception  of  the  in 
structions  for  the  machinery. 

72 

ANNEX VI 

89/392/EEC 

EC TYPE-EXAMINATION 

For  the purposes of  this Annex, 'machinery' means either 
'machinery'  or  'safety  component'  as  defined  in Article  1 
(2). 

93/44/EEC -  Art. 1(14) 

89/392/EEC 

1.  EC  type-examination  is  the  procedure  by  which  a 
notified  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 rep 
resentative  established  in  the  Community,  with  a 
single  notified  body  in  respect  of  an  example  of  the 
machinery. 

The  application shall include: 

— 

the  name and address of  the manufacturer  or his 
in  the 
authorized 
Community  and  the place of  manufacture  of  the 
machinery, 

representative  established 

—  a  technical file comprising  at  least: 

—  an  overall  drawing  of  the  machineiy  to 
gether  with  drawings of  the  control circuits, 

— 

full  detailed  drawings,  accompanied  by any 
calculation  notes, test  results,  etc.,  required 
to  check  the  conformity  of  the  machinery 
with 
safety 
the  essential  health  and 
requirements, 

—  a description  of  methods  adopted  to elimin 
ate  hazards presented  by the  machinery  and 
a  list of  standards  used, 

—  a copy of the instructions  for  the  machinery, 

— 

series  manufacture, 

internal 
for 
measures  that  will  be  implemented  to  en 
sure that the machinery remains in  conform 
ity with  the  provisions  of  the  Directive. 

the 

It  shall  be  accompanied  by  a  machine  representative 
of  the  production  planned  or,  where  appropriate,  a 
statement  of where  the  machine  may be  examined. 

The  documentation  referred  to  above  does  not  have 
to  include  detailed  plans  or  any  other  specific  in 
formation  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  notified  body shall carry out the EC type-examin 

ation  in  the  manner  described  below: 

— 

it shall  examine  the  technical  construction  file  to 
verify  its  appropriateness  and  the  machine  sup 
plied  or  made  available  to  it; 

73 

—  during the  examination  of the  machine, the body 

89/392/EEC 

shall: 

(a)  ensure  that  it  has  been  manufactured  in 
conformity  with  the  technical  construction 
file  and  may  safely  be  used  under  its  in 
tended  working conditions; 

(b)  check  that  standards,  if  used,  have  been 

properly  applied; 

(c)  perform  appropriate  examinations  and  tests 
to check that the machine complies with the 
essential  health  and safety  requirements ap 
plicable  to  it. 

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  ex 
amination,  indicate  any  conditions  to  which  its  issue 
may  be  subject  and  be  accompanied  by  the  descrip 
tions and  drawings necessary  for  identification  of  the 
approved  example. 

The  Commission,  the  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  file  and  of  the  reports  on  the  examina 
tions and  tests carried  out 

The manufacturer  or his authorized  representative es 
tablished  in  the  Community  shall  inform  the  notified 
body  of  any  modifications,  even  of  a  minor  nature, 
which  he  has  made  or  plans  to  make  to  the  machine 
to which the  example  relates. The  notified  body shall 
examine those modifications  and  inform  the  manufac 
turer  or  his  authorized  representative  established  in 
the Community whether the EC type-examination cer 
tificate  remains valid. 

6. 

A  body  which  refuses  to  issue  an  EC  type-examin 
ation  certificate  shall  so  inform  the  other  notified 
bodies. A  body which withdraws  art  EC  type-examin 
ation  certificate  shall  so  inform  the  Member  State 
which  notified  it  The  latter  shall  inform  the  other 
Member  States  and  the  Commission  thereof,  giving 
the  reasons  for  the  decision. 

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 noti 
fied body is established  or  in a language  acceptable  to 
it 

74 

ANNEX VII 

89/392/EEC 

MINIMUM CRITERIA TO BE TAKEN INTO ACCOUNT 
BY MEMBER STATES FOR THE NOTIFICATION OF 
BODIES 

For  the purposes  of  this Annex, 'machinery'  means  either 
'machinery'  or  'safety  component'  as  defined  in  Article  1 
(2). 

93/44/EEC -  Art. 1(15) 

89/392/EEC 

1.  The  body,  its  director  and  the  staff  responsible  for 
carrying out  the verification  tests shall  not be the de 
signer,  manufacturer,  supplier  or  installer  of  machin 
ery which they inspect, nor the authorized  representa 
tive of  any  of  these  parties.  They  shall  not  become 
either  involved  directly  or  as  authorized  representa 
tives in  the  design,  construction,  marketing  or  main 
tenance of  the  machinery. This does not  preclude  the 
possibility  of  exchanges  of  technical  information  be 
tween  the  manufacturer  and  the  body. 

2.  The  body and  its staff  shall  cany  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  judgement  or  the  results 
of the inspection, especially from  persons or groups of 
persons with  an  interest  in  the  result of  verifications. 

3.  The body shall  have at  its disposal the  necessary  staff 
and possess the necessary facilities  to enable it to per 
form  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  per 
formance  of  the  tests. 

5.  The  impartiality  of  inspection  staff  shall  be  guaran 
teed.  Their  remuneration  shall  not  depend  on  the 
number  of  tests carried  out  or  on  the  results  of such 
tests. 

6.  The  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. 

75 

7.  The  staff  of  the  body shall  be  bound  to observe pro 
fessional  secrecy with regard to all information gained 
in  carrying out  its  tasks  (except  vis-à-vis  the compet 
ent 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. 

89/392/EEC 

76 

ANNEXVIII 

Part A 

Repealed  Directives 
(referred  to  by Article  14) 

Directive 89/392/EEC 
and its following amendments: 

—  Directive 91/368/EEC 

—  Directive 93/44/EEC 

—  Directive 93/68/EEC 

only Article 1 

only Article 6 

77 

Part B 

List of deadlines  for transposition  and application  into national law 
(referred  to  by Article  14) 

DIRECTIVE 

DEADLINE FOR 
TRANSPOSITION 

DATE OF APPLICATION 

89/392/EEC  (OJ  No  L  183, 29. 6. 1989, p. 9) 

1 January  1992 

91/368/EEC (OJ  No  L  198, 22  7.1991,  p. 16) 

1 January  1992 

93/44/EEC (OJ No L 175,19. 7.1993, p. 12) 

1 July 1994 

— Starting  from  1 January  1993; 
— Starting from  1 July  1995 for  the  products 
referred  to  by Directives  86/295/EEC, 
86/296/EEC and  86/663/EEC  (l). 

Starting  from  1 January 1993. 
— Starting from  1 January 1995 (2); 
— Starting from  1 July 1994 (2); 

— Article 1  (10), with the exception of 

points (a), (b) and (q); 
— Article 1  (11) (a) and (b); 
— Article 1 (12) (c), (d), (e) and  (f). 

93/68/EEC  (OJ  No  L  220, 30. 8.1993,  p. 1) 

1  Julv 1994 

Starting  from  1 January  1995 (3). 

(*)  For  the  period  ending  on  31 December  1994, the  Member States  should  have  authorized,  except  for  the  products  referred  to 
by  Directives  86/295/EEC,  86/2%/EEC  and  86/663/EEC  for  which  this  period  was  ending  on  31  December  1995,  the  placing 
on  the  market  and  bringing  into service  of  machinery which comply with  the  national  provisions  in force  in  their  territories on 
31 December  1992. 

(2)  For  the  period  ending  on  31  December  1996,  the  Member  States  shall  allow  the  placing  on  the  market  and  bringing  into 
service  of  machinery  for  the  lifting  or  moving of  persons  as well  as safety  components  which  comply with  the  national  provi 
sions  in force  in  their  territories  on  22 July 1993. 

(3)  Until  1 January  1997 Member  States shall  allow the placing on  the  market  and  bringing  into service  of  products which comply 

with  the  marking  arrangements  in force  before  1 January  1995. 
78 

ANNEX IX 

CORRELATION TABLE 

Directive 89/392/EEC 

This Directive 

Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 

(1) 
2), first  subparagraph 
2), second  subparagraph 
2), third  subparagraph 
2), fourth  subparagraph 
3) 
4) 
5) 

1  ( 
i c 
i c 
1  ( 
1 ( 
1 ( 
1  (' 
1  ( 
2 
3 
4 
5 
6 
7 
8(1) 
8(2) 
8(3) 
8(4) 
8  (4a) 
8(5) 
8(6) 
8(7) 
9 
10 
11 
12 
13(1) 
13(2) 
13(3) 
13(4) 

Annex I 
Annex II 
Annex III 
Annex IV 
Annex V 
Annex VI 
Annex VII 

Article  1 (1) 
Article  1 (2), point  (a), first  indent 
Article  1 (2), point  (a), second  indent 
Article  1 (2), point  (a), third  indent 
Article  1 (2), point  (b) 
Article  1 (3) 
Article  1 (4) 
Article  1 (5) 
Article 2 
Article  3 
Article  4 
Article 5 
Article 6 
Article 7 
Article  8 (1) 
Article 8 (2) 
Article  8 (3) 
Article 8 (4) 
Article  8 (5) 
Article 8  (6) 
Article  8 (7) 
Article 8 (8) 
Article 9 
Article  10 
Article  11 
Article  12 

Article  13 (1) 
Article  13 (2) 
Article  14 
Article  15 
Article  16 
Annex I 
Annex II 
Annex III 
Annex IV 
Annex V 
Annex VI 
Annex VII 
Annex VIII 
Annex IX 

79 

ISSN 0254-1475 

COM(96) 667 final 

DOCUMENTS 

EN 

06  10  05  15 

Catalogue number  : CB-CO-96-679-EN-C 

ISBN 92-78-13397-3 

Office  for Official  Publications of the European Communities 

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