2000/361/EC: Commission Decision of 10 May 2000 on publication of the references of standards EN 1459:1999 'Safety of industrial trucks - Self-propelled variable reach trucks' and EN 1726-1:1999 'Safety of industrial trucks - Self-propelled trucks up to and including 10 000 kg capacity and industrial tractors with a drawbar pull up to and including 20 000 N - Part 1: General requirements' (notified under document number C(2000) 1174) (Text with EEA relevance)
Date: 2000-05-10
Institutions: European Commission
Subjects: EU Member State, European standard, approximation of laws, hoisting equipment, safety standard

L 129/30

EN

Official Journal of the European Communities

30.5.2000

COMMISSION DECISION

of 10 May 2000

on publication of the references of standards EN 1459:1999 ‘Safety of industrial trucks — Self-
propelled variable reach trucks’ and EN 1726-1:1999 ‘Safety of industrial trucks — Self-propelled
trucks up to and including 10 000 kg capacity and industrial tractors with a drawbar pull up to and
including 20 000 N — Part 1: General requirements’

(notified under document number C(2000) 1174)

(Text with EEA relevance)

(2000/361/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

(5)

Having regard to Directive 98/37/EC of the European Parlia-
ment and of the Council of 22 June 1998 on the approxi-
mation of the laws of the Member States relating to machin-
ery (1), as amended by Directive 98/79/EC (2),

Having regard to the opinion of the Committee set up by
Directive 98/34/EC of the European Parliament and of the
Council of 22 June 1998 laying down a procedure for the
provision of information in the field of technical standards and
regulations (3), as amended by Directive 98/48/EC (4),

Whereas:

(1)

(2)

(3)

(4)

Article 2 of Directive 98/37/EC, as amended, provides
that machinery may be placed on the market and put
into service only if it does not endanger the health or
safety of persons and, where appropriate, domestic
animals or property, when properly installed and main-
tained and used for its intended purpose.

Machinery which conforms to harmonised standards the
references of which have been published in the Official
Journal of the European Communities is presumed to satisfy
the essential health and safety requirements referred to
in Article 3 of Directive 98/37/EC, as amended.

Member States are required to publish the references of
the national standards which transpose the harmonised
standards.

Harmonised standards EN 1459:1999 ‘Safety of indus-
trial trucks — Self-propelled variable reach trucks’ and
EN 1726-1:1999 ‘Safety of industrial trucks — Self-
propelled trucks up to and including 10 000 kg
capacity and industrial tractors with a drawbar pull up
to and including 20 000 N — Part 1: General require-
ments’ deal with equipment which presents a special risk
to the operator, namely the risk of being crushed

(1) OJ L 207, 23.7.1999, p. 1.
(2) OJ L 331, 7.12.1998, p. 1.
(3) OJ L 204, 21.7.1998, p. 37.
(4) OJ L 217, 5.8.1998, p. 18.

between the ground and the truck in the event of the
truck accidentally tipping over.

In view of the large number of accidents which have
occurred in their territory, several Member States have
taken the view that, although they are correct,
the
abovementioned standards do not cover all the essential
requirements of the Directive and in particular the risk
of the operator being crushed.

(6)

(7)

(8)

It is necessary to draw attention to this potential hazard
which is not referred to in the abovementioned stand-
ards.

Pending amendment of the standards, it is essential, for
the sake of efficacy, to take account now of the short-
comings, which nonetheless do not affect the present
contents of the standards.

It is therefore necessary to publish standards EN 1726-
1:1999 and EN 1459:1999 together with an appropriate
warning and an indication that a standardisation
mandate must be given to the European Committee for
Standardisation (CEN) to amend the standards,

HAS ADOPTED THIS DECISION:

Article 1

The publication attached to this Decision, is made in accord-
ance with Article 5(2) of Directive 98/37/EC, as amended, of
the following harmonised standards: EN 1459:1999 ‘Safety of
industrial trucks — Self-propelled variable reach trucks’ and EN
1726-1:1999 ‘Safety of
trucks — Self-propelled
industrial
trucks up to and including 10 000 kg capacity and industrial
tractors with a drawbar pull up to and including 20 000 N —
Part 1: General requirements’ and shall be accompanied by the
following warning:

‘Users of the standard are informed that the standard does
not cover the risks to which the operator is exposed in the
event of the truck accidentally tipping over. The standard
does not give a presumption of conformity in that respect.’

30.5.2000

EN

Official Journal of the European Communities

L 129/31

Where Member States, pursuant to Article 5(2) of Directive 98/37/EC, as amended, publish the references
of the national standards which transpose harmonised standards EN 1459:1999 and EN 1726-1:1999, they
shall accompany such publication with a warning identical to that provided for in Article 1.

Article 2

This Decision is addressed to the Member States.

Article 3

Done at Brussels, 10 May 2000.

For the Commission

Erkki LIIKANEN

Member of the Commission

L 129/32

EN

Official Journal of the European Communities

30.5.2000

Publication of the titles and references of harmonised standards pursuant to the Directive

ANNEX

ESB (1)

Reference

Title of harmonised standards

Year of
ratification

CEN

EN 1459

Safety of industrial trucks — Self-propelled variable reach trucks

1999

Warning: ‘Users of the standard EN 1459 are informed that the standard does not cover the risks to which the operator is
exposed in the event of the truck accidentally tipping over. The standard does not give a presumption of conformity in
that respect.’

CEN

EN 1726-1

industrial

trucks — Self-propelled trucks up to and
Safety of
including 10 000 kg capacity and industrial
tractors with a
drawbar pull up to and including 20 000 N — Part 1: General
requirements

1999

Warning: ‘Users of the standard EN 1726-1 are informed that the standard does not cover the risks to which the operator
is exposed in the event of the truck accidentally tipping over. The standard does not give a presumption of conformity in
that respect.’

(1) ESB European Standardisation body):

— CEN: rue de Stassart 36, B-1050 Brussels, tel. (32-2) 550 08 11, fax (32-2) 550 08 19,

— Cenelec: rue de Stassart 35, B-1050 Brussels, tel. (32-2) 519 68 71, fax (32-2) 519 69 19,

— ETSI: BP 152, F-06561 Valbonne Cedex, tel. (33-4) 92 94 42 12, fax (33-4) 93 65 47 16.

WARNING:

— Full information about the availability of the standards may be obtained either from the European Standardisation
bodies or from the national standardisation bodies, lists of which are given in the Annexes to Directive 98/34/EC.

— Publication of the references in the Official Journal of the European Communities does not mean that the standards are

available in all Community languages.

— The Commission updates this list (1).

(1) OJ C 183, 13.6.1998, p. 2.

OJ C 317, 15.10.1998, p. 5.
OJ C 346, 14.11.1998, p. 5.
OJ C 165, 11.6.1999, p. 4.
OJ C 318, 5.11.1999, p. 5.