2000/693/EC: Commission Decision of 25 October 2000 on withdrawing the references of standard EN 703 'Agricultural machinery - Silage cutters - Safety' from the list of references of standards in the framework of implementing Directive 98/37/EC (notified under document number C(2000) 3104) (Text with EEA relevance)
Date: 2000-10-25
Institutions: European Commission
Subjects: European standard, agricultural machinery, approximation of laws, product safety, safety standard, technical regulations

L 286/40

EN

Official Journal of the European Communities

11.11.2000

COMMISSION DECISION

of 25 October 2000

on withdrawing the references of standard EN 703 ‘Agricultural machinery — Silage cutters —
Safety’ from the list of references of standards in the framework of implementing Directive
98/37/EC

(notified under document number C(2000) 3104)

(Text with EEA relevance)

(2000/693/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(6)

Italy has noted that many fatal accidents have occurred
in its territory following the use of silage cutters manu-
factured in accordance with standard EN 703. Conse-
quently, Italy has taken the view that this standard did
not satisfy the essential health and safety requirements
of the Directive and that its references should be with-
drawn from publication in the Official
the
European Communities
in order to no longer give a
presumption of conformity with the Directive.

Journal of

Technical Committee CEN/TC 144 examined this
problem and started work on revising this standard. In
view of the significant difficulties it encountered in this
revision, it has concluded that it will be several years
before the revised standard can be ratified.

Given the anticipated delay, it is proposed that the refer-
ences of this standard be withdrawn immediately in
order to avoid it being used as a harmonised standard in
the future,

(7)

(8)

HAS ADOPTED THIS DECISION:

Article 1

The references of standard EN 703 ‘Agricultural machinery —
Silage cutters — Safety’ are withdrawn from publication in the
Official Journal of the European Communities. Consequently, the
use of
standard no longer gives a presumption of
conformity with the essential health and safety requirements of
Directive 98/37/EC, as amended.

this

This Decision is adressed to the Members States.

Article 2

Done at Brussels, 25 October 2000.

For the Commission

Erkki LIIKANEN

Member of the Commission

Having regard to the Treaty establishing the European
Community,

Having regard to Directive 98/37/EC of the European Parlia-
ment and of the Council of 22 June 1998 on the approx-
imation of the laws of the Member States relating to machi-
nery (1), as amended by Directive 98/79/EC (2), and in particular
Article 6(1) thereof,

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),

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.

The references of harmonised standard EN 703:1995
‘Agricultural Machinery — Silage cutters — Safety’ were
published in the Official Journal of the European Communi-
ties C 229 of 8 August 1996 in the framework of
implementing Directive 98/37/EC, as amended.

(5)

At present, this standard still gives a presumption of
conformity.

(1) OJ L 207, 23.7.1998, p. 1.
(2) OJ L 331, 7.12.1998, p. 1.
(3) OJ L 204, 21.7.1998, p. 37.