2002/1002/EC: Commission Decision of 17 December 2002 on the publication of the reference of standard EN 848-3 "Safety of woodworking machines — One-side moulding machines with rotating tool — Part 3: Numerical control boring machines and routing machines" in the Official Journal of the European Communities in the framework of the implementation of Directive 98/37/EC of the European Parliament and of the Council (Text with EEA relevance) (notified under document number C(2002) 5065)
Date: 2002-12-17
Institutions: European Commission
Subjects: European standard, harmonisation of standards, machinery, product safety, safety standard, wood industry

24.12.2002

EN

Official Journal of the European Communities

L 349/103

COMMISSION

COMMISSION DECISION

of 17 December 2002

on the publication of the reference of standard EN 848-3 ‘Safety of woodworking machines —
One-side moulding machines with rotating tool — Part 3: Numerical control boring machines and
routing machines’ in the Official Journal of the European Communities in the framework of the
implementation of Directive 98/37/EC of the European Parliament and of the Council

(notified under document number C(2002) 5065)

(Text with EEA relevance)

(2002/1002/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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 approxima-
tion of the laws of the Member States relating to machinery (1),
as amended by Directive 98/79/EC (2), and in particular Article
6 thereof,

Having regard to the opinion of the Standing Committee set up
pursuant to Directive 98/34/EC of the European Parliament
and of the Council (3), as amended by Directive 98/48/EC (4),
which provides for an information procedure in the area of
technical standards and regulations,

Whereas:

(1)

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

(2) Where a national standard transposing a harmonised
standard, the reference of which has been published in
the Official Journal of the European Communities, covers
one or more essential safety requirements, the machine
built in accordance with this standard is presumed to
meet the essential requirements concerned.

(3)

The Member States must publish the references of
national standards transposing harmonised standards.

(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.
(4) OJ L 217, 5.8.1998, p. 18.

(4)

(5)

Pursuant to Article 6(1) of Directive 98/37/EC, Sweden
notified a safeguard clause against standard EN 848-3 on
the grounds that
the safety level on that kind of
machinery is not sufficient.

Having examined standard EN 848-3, the Commission
has not been able to establish that it fails to meet the
essential requirements of Directive 98/37/EC. This has
been confirmed by an additional examination made by
CEN experts. The Machinery Working Group consulted
on this matter during its meeting of 4 December 2000
confirmed that the solutions as provided for in EN 848-
3 reflect the current state of the art. This examination
has also concluded that further research on the means of
protection needs to be carried out and therefore, the
arguments presented by Sweden relating to clause
5.2.7.1.2 of EN 848-3 must be taken into consideration
for the revision of this standard,

HAS ADOPTED THIS DECISION:

Article 1

The references of standard EN 848-3 ‘Safety of woodworking
machines — One-side moulding machines with rotating tool
— Part 3: Numerical control boring machines and routing
machines’, adopted by the European Committee for Standardi-
sation (CEN) in July 1999, shall not be withdrawn from the list
of standards published in the Official Journal of the European
Communities. The standard will therefore continue to confer a
presumption of conformity to the provisions of Directive 98/
37/EC.

L 349/104

EN

Official Journal of the European Communities

24.12.2002

This Decision is addressed to the Member States.

Article 2

Done at Brussels, 17 December 2002.

For the Commission

Erkki LIIKANEN

Member of the Commission