2003/224/EC: Commission Decision of 21 March 2003 on the publication of the reference of standard EN 1495:1997 "Lifting platforms — mast climbing work platforms" in accordance with Directive 98/37/EC of the European Parliament and of the Council (Text with EEA relevance) (notified under document number C(2003) 831)
Date: 2003-03-21
Institutions: European Commission
Subjects: European standard, harmonisation of standards, machinery, safety standard, technical standard

L 83/70

EN

Official Journal of the European Union

1.4.2003

COMMISSION

COMMISSION DECISION

of 21 March 2003

on the publication of the reference of standard EN 1495:1997 ‘Lifting platforms — mast climbing
work platforms’ in accordance with Directive 98/37/EC of the European Parliament and of the
Council

(notified under document number C(2003) 831)

(Text with EEA relevance)

(2003/224/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(1) thereof,

(5)

Having regard to the opinion of the standing committee set up
pursuant to Article 5 of 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 tech-
nical standards and regulations (3), as amended by Directive 98/
48/EC (4),

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 property, when properly installed and main-
tained and used for its intended purpose.

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

(3)

(4)

Member States must publish the references of national
standards transposing harmonised standards which have
been published in the Official
the European
Union.

Journal of

Pursuant to Article 6(1) of Directive 98/37/EC, the Neth-
erlands has lodged a formal objection to the effect that
standard EN 1495:1997 adopted by the European

Committee for Standardisation (CEN) on 21 April 1997
and the references of which were published in the Offi-
cial Journal of the European Communities (5) on 13 March
1998, does not entirely satisfy the essential health and
safety requirements.

the use of

in Annex I

to Directive 98/37/EC,

the
The Commission acknowledges that
machinery concerned could prove hazardous, since stan-
dard EN 1495:1997 fails to meet the essential health
and safety requirements
relating to the design and
construction of machinery and safety components set
specifically
out
requirements 1.5.15 ‘Risk of slipping, tripping or falling’,
1.7.4 ‘Instructions’ and 6.3 ‘Risk of persons falling from
the
last
subparagraph of 7.1.2.12, table 8 and figure 9 of stan-
dard EN 1495:1997 in particular,
the Commission
considers that
the measures taken in designing and
constructing the platform do not permit a high level of
safety to be guaranteed for all foreseeable uses of the
product.

carrier’. Regarding paragraph 5.3.2.4,

the

(6)

In the interest of safety and legal certainty the publica-
tion of the references to that standard should be accom-
panied by an appropriate warning and Member States
should add an identical warning in their national stan-
dards transposing standard EN 1495:1997.

(7)

The reference to standard EN 1495:1997 should be
republished accordingly,

HAS ADOPTED THIS DECISION:

Article 1

(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.

The references of standard EN 1495:1997 is replaced by the
text set out in the Annex.

(5) OJ C 78, 13.3.1998, p. 2.

1.4.2003

EN

Official Journal of the European Union

L 83/71

Where, pursuant to Article 5(2) of Directive 98/37/EC, Member States publish the references of a national
standard transposing harmonised standard EN 1495:1997, they shall add to that publication a warning
identical to that provided for in the reference to standard EN 1495:1997 as set out in the Annex.

Article 2

This Decision is addressed to the Member States.

Article 3

Done at Brussels, 21 March 2003.

For the Commission

Erkki LIIKANEN

Member of the Commission

L 83/72

EN

Official Journal of the European Union

1.4.2003

ANNEX

Publication of titles and references of European harmonised standards under Directive 98/37/EC of the
European Parliament and of the Council

OEN (1)

Reference

Title of the harmonised standards

CEN

EN 1495:1997

Lifting platforms - mast climbing work platforms

Warning: This publication does not concern paragraph 5.3.2.4, the last subparagraph of 7.1.2.12, table 8 and figure 9
of standard EN 1495:1997, in respect of which it grants no presumption of conformity to the provisions of
Directive 98/37/EC.

(1) OEN (European standardisation body):

— CEN: rue de Stassart 36, B-1050 Bruxelles, tel. (32-2) 550 08 11, fax (32-2) 550 08 19.
— CENELEC: rue de Stassart 35, B-1050 Bruxelles, tel. (32-2) 519 68 71, fax (32-2) 519 69 19.
— ETSI: 650, route de Lucioles, F-06921 Sophia Antipolis Cedex, tel. (33-4) 92 94 42 00, fax (33-4) 93 65 47 16.

Note:

Any information concerning the availability of the standards can be obtained either from the European standardisation
organisations or from the national standardisation bodies of which the list is annexed to the Directive 98/34/EC of the
European Parliament and of the Council (1).

Publication of the references in the Official Journal of the European Union does not imply that the standards are available
in all the Community languages.

The Commission ensures the updating of this list.

Further harmonised standards relating to machinery have been published in previous editions of the Official Journal of the
European Union. A complete updated list can be found on the Europa server in the Internet at:

http://europa.eu.int/comm/enterprise/newapproach/standardization/harmstds/reflist/machines.html.

(1) OJ L 204, 21.7.1998, p. 37.