Opinion of the Commission pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a Directive of the European Parliament and of the Council on machinery and amending Directive 95/16/EC amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2006-02-13
Institutions: European Commission
Subjects: EC conformity marking, agricultural equipment, consumer protection, international standard, machinery, occupational health, product safety, safety standard

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 13.2.2006 
COM(2006) 58 final 

2001/0004 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the 
European Parliament's amendments to the Council's common position regarding the 
proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on machinery and amending Directive 95/16/EC 

AMENDING THE PROPOSAL OF THE COMMISSION 
pursuant to Article 250 (2) of the EC Treaty 

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2001/0004 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the 
European Parliament's amendments to the Council's common position regarding the 
proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on machinery and amending Directive 95/16/EC 

1. 

INTRODUCTION 

Article 251(2), third subparagraph, point (c) of the EC Treaty provides that the Commission is 
to  deliver  an  opinion  on  the  amendments  proposed  by  the  European  Parliament  at  second 
reading.  The  Commission  sets  out  its  opinion  below  on  the  amendments  proposed  by 
Parliament. 

2. 

BACKGROUND 

(a) 

Date of transmission to Parliament and Council: 26 January 2001 

(b) 

Opinion of the Economic and Social Committee: 12 September 2001 

(c) 

Date of the opinion of the first reading in Parliament: 4 July 2002 

(d) 

Date of transmission of the amended proposal: 11 February 2003 

(e) 

Date of political agreement in the Council: 24 September 2004 

(f) 

Date of adoption of the common position: 18 July 2005 (unanimity) 

(g) 

Date of the opinion of the second reading: 15 December 2005  

3. 

PURPOSE OF THE PROPOSAL 

The  aim  of  the  initial  proposal  was  to  ensure  the  free  movement  of  the  products 
within  the  scope  by  guaranteeing  a  high  level  of  protection  in  the  areas  of  health, 
safety  and  consumer  protection.  The  products  within  the  scope  are  essentially 
machinery and products used in conjunction with machinery. 

In  line  with  the  conclusions  of  the  1994  Molitor  report,  the  objective  of  the  initial 
proposal  was  to  provide  a  better  definition  of  various  concepts,  to  clarify  certain 
aspects and to better ensure uniform application. To this end, the explanations of the 
conformity assessment and market surveillance procedures were improved, avoiding 
divergent interpretations of these procedures. 

The  initial  proposal  for  a  revision  of  the  Machinery  Directive  was  prepared  on  the 
basis  of  proposals  drawn  up  by  up  a  high-level  group  of  independent  experts  from 

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various  backgrounds.  It  also  took  account  of  the  experience  gained  in  the  practical 
application of the amended Directive 89/392/EEC1. 

The main elements of the initial proposal were as follows: 

•  Better definition of the scope of the directive, clarification of the borderline with 
other  directives,  in  particular  the  Low  Voltage2  and  the  Lifts  Directives3,  and  a 
clearer description of the concept of “Partly Completed Machinery” ; 

•  Strengthening  of  the  provisions  relating  to  market  surveillance  and  to  the 

notification of conformity assessment bodies ; 

•  Introduction  of  a  full  quality  assurance  procedure  for  certain  categories  of 

machinery. 

In its amended proposal, the Commission incorporated many of the suggestions from 
the European Parliament with the aim of further improving the Directive. 

4. 

OPINION  OF  THE  COMMISSION  ON  THE  AMENDMENTS  BY  THE 
EUROPEAN PARLIAMENT 

Amendments accepted by the Commission 

The  Commission  can  accept  in  full  all  9  amendments  adopted  by  the  European  Parliament. 
They are the result of a compromise package agreed between the European Parliament and the 
Council with a view to the adoption of the Directive in second reading. The amendments are 
in line with the objectives of the Commission’s proposal and maintain the balance of interests 
achieved in the common position.  

The  amendments  to  the  Common  Position  mainly  concern  reinforcement  of  market 
surveillance  and  clarifications  on  the  status  of  CE  marking,  the  scope  of  application, 
confidentiality  and  the  obligations  of  notified  bodies  within  the  context  of  full  quality 
assurance certification systems. 

The conclusion of the compromise package has been facilitated by three declarations which 
the Commission made during the December 2005 Plenary session (see annex). 

5. 

CONCLUSION 

Pursuant to Article 250(2) of the EC Treaty, the Commission amends its proposal as set out 
above. 

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Council Directive 89/392/EEC of 14 June 1989 on the approximation of the laws of the Member States 
relating to machinery, OJ L 183 , 29.06.1989, p. 9. This Directive was codified by Directive 98/37/EC 
of the European Parliament and of the Council of 22 June 1998 on the approximation of the laws of the 
Member  States  relating  to  machinery,  OJ  L  331,  23.7.1998,  p.  1.  Directive  as  amended  by  Directive 
98/79/EC (OJ L 331, 7.12.1998, p. 1). 
Council  Directive  73/23/EEC  of  19  February  1973  on  the  harmonisation  of  the  laws  of  the  Member 
States  relating  to  electrical  equipment  designed  for  use  within  certain  voltage  limits,  OJ  L  77, 
26.3.1973, p. 29. Directive as amended by Directive 93/68/EEC (OJ L 220, 30.8.2003, p. 1). 
Directive  95/16/EC  of  the  European  Parliament  and  of  the  Council  of  29  June  1995  on  the 
approximation of the laws of the Member States relating to lifts, O.J. L 213, 7.9.1995, p. 1. Directive as 
amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1). 

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ANNEX 

Declarations by the Commission: 

CE marking 

Without prejudice to respect for Community legislation, the Commission, within the context 
of the revision of the New Approach, planned for mid-2006, will clarify the conditions for the 
affixing  of  other  markings,  whether  national,  European  or  private,  in  relation  to  the  CE 
marking. 

Tractors I 

The  Parliament,  the  Council  and  the  Commission  declare  that,  in  order  to  cover  all  aspects 
related  to  the  health  and  safety  of  agricultural  and  forestry  tractors  in  one  harmonising 
Directive,  the  Directive  2003/37/EC  on  type-approval  of  agricultural  and  forestry  tractors, 
their trailers and interchangeable towed machinery, together with their systems, components 
and separate technical units needs to be modified so as to address all the relevant risks of the 
Machinery Directive. 

Such a modification of Directive 2003/37/EC should include an amendment of the Machinery 
Directive, in order to delete the expression “for the risks” in Article 1 (2) (e), first indent. 

Tractors II 

The  Commission  recognises  the  need  to  include  in  the  agricultural  and  forestry  tractors 
directives further requirements for risks not yet covered by these directives. To this end, the 
Commission  is  considering  appropriate  measures  that  include  references  to  United  Nations 
regulations, CEN and ISO standards and OECD codes. 

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