2006/731/EC: Commission Decision of 27 October 2006 on the publication with a restriction of the reference of standard EN 13000:2004 Cranes — Mobile cranes in accordance with Directive 98/37/EC of the European Parliament and of the Council (notified under document number C(2006) 5059)   (Text with EEA relevance)
Date: 2006-10-27
Institutions: European Commission
Subjects: European standard, harmonisation of standards, hoisting equipment, safety standard, technical standard

L 299/26

EN

Official Journal of the European Union

28.10.2006

COMMISSION

COMMISSION DECISION

of 27 October 2006

on the publication with a restriction of the reference of standard EN 13000:2004 ‘Cranes — Mobile
cranes’ in accordance with Directive 98/37/EC of the European Parliament and of the Council

(notified under document number C(2006) 5059)

(Text with EEA relevance)

(2006/731/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

13000:2004, adopted by the European Committee for
Standardisation (CEN) on 22 April 2004, the reference
of which has not yet been published in the Official Journal
of the European Union.

regard to Directive 98/37/EC of

Having
the European
Parliament and of the Council of 22 June 1998 on the appro-
ximation of
relating to
the Member States
machinery (1) and in particular Article 6(1) thereof,

the laws of

(3)

Having regard to the opinion of the standing committee set up
by Article 5 of Directive 98/34/EC of the European Parliament
and of the Council of 22 June 1998 laying down a procedure
for
technical
standards and regulations and of rules on Information Society
Services (2),

information in the field of

the provision of

Whereas:

(1) Where a national standard transposing a harmonised
standard, the reference of which has been published in
the Official Journal of the European Union, covers one or
more essential health and safety requirements set out in
Annex I to Directive 98/37/EC, the machine built in
accordance with this standard is presumed to meet the
essential requirements concerned.

(2)

Pursuant to Article 6(1) of Directive 98/37/EC, Germany
lodged a formal objection in respect of standard EN

(1) OJ L 207, 23.7.1998, p. 1. Directive as amended by Directive

98/79/EC (OJ L 331, 7.12.1998, p. 1).

(2) OJ L 204, 21.7.1998, p. 37. Directive as last amended by the 2003

Act of Accession.

standard

examined

EN 13000:2004,

Having
the
Commission has established that it fails to meet several
essential health and safety requirements of Annex I to
Directive 98/37/EC, namely requirement 4.2.1.4 (loading
control)
in conjunction with the requirements 1.1.2(c)
(principles of safety integration), 1.2.5 (control mode
selection), 1.3.1 (stability), 4.1.2.1 (risks due to lack of
stability) and 4.1.2.3 (mechanical strength). Specifically,
regarding clauses 4.2.6.3.1, 4.2.6.3.2 and 4.2.6.3.3 of the
standard,
the measures defined for designing and
constructing mobile cranes do not guarantee a suffi-
ciently high level of safety for the foreseeable use of
the product. In particular, the standard does not specify
adequate protective measures to prevent the misuse of
the bridging device for the rated capacity limiter.

(4)

In the interest of safety and legal certainty, the publi-
cation in the Official
the European Union of
Journal of
the reference of standard should therefore be accom-
panied by an appropriate warning.

(5)

Member States should add an identical warning in their
national standards transposing standard EN 13000:2004,

28.10.2006

EN

Official Journal of the European Union

L 299/27

HAS ADOPTED THIS DECISION:

publication a warning identical to that set out in the Annex to
this Decision.

Article 1

Article 3

The publication in the Official Journal of the European Union of
the references of standard EN 13000:2004 ‘Cranes — Mobile
cranes’ shall be as set out in the Annex.

Article 2

Where, pursuant to Article 5(2) of Directive 98/37/EC, Member
States publish the references of a national standard transposing
harmonised standard EN 13000:2004, they shall add to that

This Decision is addressed to the Member States.

Done at Brussels, 27 October 2006.

For the Commission

Günter VERHEUGEN
Vice-President

L 299/28

EN

Official Journal of the European Union

28.10.2006

‘(Publication of titles and references of European harmonised standards under Directive)

ANNEX

ESO (1)

Reference and title of the harmonised standard
(and reference document)

First publication OJ

Reference of
superseded standard

Date of cessation of
presumption of
conformity of
superseded standard

Note 1

CEN

EN 13000:2004
Cranes — Mobile cranes

This is the first
publication

—

Warning: This publication does not concern clauses 4.2.6.3.1, 4.2.6.3.2 and 4.2.6.3.3 of this standard, the application of
which does not confer a presumption of conformity to the essential health and safety requirement 4.2.1.4 of Annex I to
Directive 98/37/EC in conjunction with requirements 1.1.2(c), 1.2.5, 1.3.1, 4.1.2.1 and 4.1.2.3 of that Annex.

(1) ESO: European Standardisation Organisation:

— CEN: rue de Stassart 36, B-1050 Brussels, Tel. (32-2) 550 08 11; fax (32-2) 550 08 19 (http://www.cenorm.be);
— CENELEC: rue de Stassart 35, B-1050 Brussels, Tel. (32-2) 519 68 71; fax (32-2) 519 69 19 (http://www.cenelec.org);
— ETSI: 650, route des Lucioles, F-06921 Sophia Antipolis, Tel. (33) 492 94 42 00; fax (33) 493 65 47 16 (http://www.etsi.org).

Note 1

Generally the date of cessation of presumption of conformity will be the date of withdrawal (dow), set by the
European Standardisation Organisation, but attention of users of these standards is drawn to the fact that in
certain exceptional cases this can be otherwise.

Note 2.1 The new (or amended) standard has the same scope as the superseded standard. On the date stated, the
superseded standard ceases to give presumption of conformity with the essential requirements of the directive.

In case of amendments, the referenced standard is EN CCCCC:YYYY, its previous amendments, if any, and the
new, quoted amendment. The superseded standard (column 3) therefore consists of EN CCCCC:YYYY and its
previous amendments, if any, but without the new quoted amendment. On the date stated, the superseded
standard ceases to give presumption of conformity with the essential requirements of the directive.

Presumption of conformity for a product is achieved by complying with the requirements of Part 1 and the
relevant Part 2 when this Part 2 is also listed in the OJ under Directive 98/37/EC.

Note 3

Note 4

Note:

— Any information concerning the availability of the standards can be obtained either from the European Standardi-
sation Organisations or from the national standardisation bodies of which the list is annexed to the Directive
98/34/EC of the European Parliament and Council (1) amended by the Directive 98/48/EC (2).

— 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.

— This list replaces all the previous lists published in the Official Journal of the European Union. The Commission ensures

the updating of this list.

More information about harmonised standards on the Internet at http://europa.eu.int/comm/enterprise/newapproach/
standardization/harmstds/

(1) OJ L 204, 21.7.1998, p. 37.
(2) OJ L 217, 5.8.1998, p. 18.’