Amended proposal for a Directive of the European Parliament and of the Council concerning the minimum safety and health requirements for the use of work equipment by workers at work (second individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (Codified version)
Date: 2008-02-29
Institutions: European Commission
Subjects: accident prevention, codification of EU law, dissemination of information, in-service training, occupational accident, occupational health, occupational safety, safety standard, worker participation

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 29.2.2008 
COM(2008) 111 final 

2006/0214 (COD) 

Amended proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

concerning the minimum safety and health requirements for the use of work equipment 
by workers at work 

(second individual Directive within the meaning of Article 16(1) of 
Directive 89/391/EEC) 

(Codified version) 

(presented by the Commission pursuant to Article 250 (2) of the EC Treaty) 

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EXPLANATORY MEMORANDUM 

In  the  context  of  a  people’s  Europe,  the  Commission  attaches  great  importance  to 
simplifying  and  clarifying  Community  law  so  as  to  make  it  clearer  and  more 
accessible to the ordinary citizen, thus giving him new opportunities and the chance 
to make use of the specific rights it gives him. 

This aim cannot be achieved so long as numerous provisions that have been amended 
several times, often quite substantially, remain scattered, so that they must be sought 
partly  in  the  original  instrument  and  partly  in  later  amending  ones.  Considerable 
research work, comparing many different instruments, is thus needed to identify the 
current rules. 

For  this  reason  a  codification  of  rules  that  have  frequently  been  amended  is  also 
essential if Community law is to be clear and transparent. 

On  1  April  1987  the  Commission  therefore  decided1  to  instruct  its  staff  that  all 
legislative acts should be codified after no more than ten amendments, stressing that 
this  is  a  minimum  requirement  and  that  departments  should  endeavour  to  codify  at 
even  shorter  intervals  the  texts  for  which  they  are  responsible,  to  ensure  that  the 
Community rules are clear and readily understandable. 

The  Conclusions  of 
the  Edinburgh  European  Council 
(December 1992) confirmed this2, stressing the importance of codification as it offers 
certainty as to the law applicable to a given matter at a given time. 

the  Presidency  of 

Codification  must  be  undertaken  in  full  compliance  with  the  normal  Community 
legislative procedure. 

Given  that  no  changes  of  substance  may  be  made  to  the  instruments  affected  by 
codification, the European Parliament, the Council and the Commission have agreed, 
by  an  interinstitutional  agreement  dated  20  December  1994,  that  an  accelerated 
procedure may be used for the fast-track adoption of codification instruments. 

is 

this  proposal 

to  undertake  a  codification  of  Council 
The  purpose  of 
Directive 89/655/EEC  of  30  November  1989  concerning  the  minimum  safety  and 
health  requirements  for  the  use  of  work  equipment  by  workers  at  work3.  The  new 
Directive  will  supersede  the  various  acts  incorporated  in  it4;  this  proposal  fully 
preserves the content of the acts being codified and hence does no more than bring 
them together with only such formal amendments as are required by the codification 
exercise itself. 

The codification proposal was drawn up on the basis of a preliminary consolidation, 
in all official languages, of Directive 89/655/EEC and the instruments amending it, 
carried out by the Office for Official Publications of the European Communities, by 

COM(87) 868 PV. 
See Annex 3 to Part A of the Conclusions. 
Carried out pursuant to the Communication from the Commission to the European Parliament and the 
Council – Codification of the Acquis communautaire, COM(2001) 645 final. 
See Annex III, Part A of this proposal. 

1. 

2. 

3. 

4. 

5. 

1 
2 
3 

4 

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means  of  a  data-processing  system.  Where  the  Articles  have  been  given  new 
numbers,  the  correlation  between  the  old  and  the  new  numbers  is  shown  in  a  table 
contained in Annex IV to the codified Directive. 

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(cid:208) 89/655/EEC (adapted) 

2006/0214 (COD) 

Amended proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

concerning the minimum safety and health requirements for the use of work equipment 
by workers at work 

(second individual Directive within the meaning of Article 16(1) of 
Directive 89/391/EEC) 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article ⌦ 137(2) ⌫ thereof, 

Having regard to the proposal from the Commission, 

Having regard to the opinion of the European Economic and Social Committee1, 

Having regard to the opinion of the Committee of the Regions2, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty3, 

Whereas: 

(cid:208)  

(1) 

Council Directive 89/655/EEC of 30 November 1989 concerning the minimum safety 
and  health  requirements  for  the  use  of  work  equipment  by  workers  at  work  (second 
individual  Directive  within  the  meaning  of  Article  16(1)  of  Directive  89/391/EEC)4 
has been substantially amended several times5. In the interests of clarity and rationality 
the said Directive should be codified. 

1 
2 
3 
4 

5 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ  L  393,  30.12.1989,  p.  13.  Directive  as  last  amended  by  Directive  2001/45/EC  of  the  European 
Parliament and of the Council (OJ L 195, 19.7.2001, p. 46). 
See Annex III, Part A. 

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(cid:208) 89/655/EEC Recital 6 (adapted) 
(cid:206)1 Corrigendum, 89/655/EEC 
(OJ L 59, 6.3.1991, p. 23) 

(2) 

This  Directive  is  an  individual  directive  within  the  meaning  of  Article  16(1)  of 
Council  Directive  89/391/EEC  of  12  June  1989  on  the  introduction  of  measures  to 
encourage improvements in the safety and health of workers at work6. Therefore, the 
provisions of Directive ⌦ 89/391/EEC ⌫ are fully applicable to the scope of the use 
of  work  equipment  by  workers  at  work  without  prejudice  to  more  (cid:206)1 stringent  
and/or specific provisions contained in this Directive. 

(3) 

Article  ⌦ 137(2) ⌫  of  the  Treaty  provides  that  the  Council  ⌦ may ⌫  adopt,  by 
means of directives, minimum requirements for encouraging improvements, especially 
in the working environment, to guarantee a better level of protection of the safety and 
health of workers. 

(cid:208) 89/655/EEC Recital 1 (adapted) 

(4) 

Pursuant  to  the  said  Article,  such  directives  must  avoid  imposing  administrative, 
financial  and  legal  constraints  in  a  way  which  would  hold  back  the  creation  and 
development of small and medium-sized undertakings. 

(cid:208) 89/655/EEC Recital 2 

(5) 

The  provisions  adopted  pursuant  to  Article  137(2)  of  the  Treaty  do  not  prevent  any 
Member  State  from  maintaining  or  introducing  more  stringent  measures  for  the 
protection of working conditions as are compatible with the Treaty. 

(cid:208) 2001/45/EC Recital 5 

(6) 

Compliance  with  the  minimum  requirements  designed  to  guarantee  a  better  standard 
of safety and health in the use of work equipment is essential to ensure the safety and 
health of workers. 

(cid:208) 89/655/EEC Recital 5 

(7) 

The  improvement  of  occupational  safety,  hygiene  and  health  is  an  objective  which 
may not be subordinated to purely economic considerations. 

(cid:208) 2001/45/EC Recital 3 

(8)  Work at a height may expose workers to particularly severe risks to their health and 
safety,  notably  to  the  risks  of  falls  from  a  height  and  other  serious  occupational 

(cid:208) 2001/45/EC Recital 6 

6 

OJ  L 183, 29.6.1989, p. 1. Directive  as  amended  by  Regulation  (EC) No 1882/2003  of  the  European 
Parliament and of the Council (OJ L 284, 31.10.2003, p. 1). 

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accidents,  which  account  for  a  large  proportion  of  all  accidents,  especially  of  fatal 
accidents. 

(9) 

This Directive constitutes a practical aspect of the realisation of the social dimension 
of the internal market. 

(cid:208) 89/655/EEC Recital 7 

(cid:208) 89/655/EEC Recital 8 (adapted) 

(10)  Pursuant to 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  regulations7 ⌫  ,  Member  States  are  required  to  notify  the 
Commission  of  any  draft  technical  regulations  relating  to  machines,  equipment  and 
installations. 

(11)  This Directive is the most appropriate means of achieving the desired objectives and 

does not go beyond what is necessary for that purpose. 

(cid:208) 2001/45/EC Recital 12 

(12)  This  Directive  should  be  without  prejudice  to  the  obligations  of  the  Member  States 
relating to the time-limits for transposition into national law of the Directives set out in 
Annex III, Part B, 

(cid:208)  

(cid:208) 89/655/EEC 
(cid:206)1 Corrigendum 89/655/EEC 
(OJ L 59, 6.3.1991, p. 23) 

HAVE ADOPTED THIS DIRECTIVE: 

CHAPTER I 
GENERAL PROVISIONS 

Article 1 

Subject 

1. This Directive, which is the second individual directive within the meaning of Article 16(1) 
of Directive 89/391/EEC, lays down minimum safety and health requirements for the use of 
work equipment by workers at work, as defined in Article 2. 

7 

OJ L 204, 21.7.1998, p. 37. Directive as last amended by the 2003 Act of Accession. 

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2. The provisions of Directive 89/391/EEC are fully applicable to the whole scope referred to 
in  paragraph  1,  without  prejudice  to  more  (cid:206)1 stringent   and/or  specific  provisions 
contained in this Directive. 

Article 2 

Definitions 

For the purposes of this Directive, the following terms shall have the following meanings: 

(a) 

(b) 

(c) 

(d) 

(e) 

‘work equipment’: any machine, apparatus, tool or installation used at work; 

‘use of work equipment’: any activity involving work equipment such as starting or 
stopping  the  equipment,  its  use,  transport,  repair,  modification,  maintenance  and 
servicing, including, in particular, cleaning; 

‘danger zone’: any zone within and/or around work equipment in which an exposed 
worker is subject to a risk to his health or safety; 

‘exposed worker’: any worker wholly or partially in a danger zone; 

‘operator’: the worker or workers given the task of using work equipment. 

CHAPTER II 
EMPLOYERS’ OBLIGATIONS 

Article 3 

General obligations 

1. The employer shall take the measures necessary to ensure that the work equipment made 
available  to  workers  in  the  undertaking  and/or  establishment  is  suitable  for  the  work  to  be 
carried  out  or  properly  adapted  for  that  purpose  and  may  be  used  by  workers  without 
impairment to their safety or health. 

In selecting the work equipment which he proposes to use, the employer shall pay attention to 
the  specific  working  conditions  and  characteristics  and  to  the  hazards  which  exist  in  the 
undertaking and/or establishment, in particular at the workplace, for the safety and health of 
the  workers,  and/or  any  additional  hazards  posed  by  the  use  of  the  work  equipment  in 
question. 

2.  Where  it  is  not  possible  fully  so  to  ensure  that  work  equipment  can  be  used  by  workers 
without  risk  to  their  safety  or  health,  the  employer  shall  take  appropriate  measures  to 
minimise the risks. 

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(cid:208) 89/655/EEC 
(cid:206)1 95/63/EC Art. 1, pt. 1(a) 

Article 4 

Rules concerning work equipment 

1. Without prejudice to Article 3, the employer must obtain and/or use: 

(a) 

work  equipment  which,  if  provided  to  workers  in  the  undertaking  and/or 
establishment for the first time after 31 December 1992, complies with: 

(b) 

(c) 

(i) 

the provisions of any relevant Community directive which is applicable; 

(ii) 

the minimum requirements laid down (cid:206)1 in Annex I  , to the extent that no 
other Community directive is applicable or is so only partially; 

work  equipment  which,  if  already  provided  to  workers  in  the  undertaking  and/or 
establishment by 31 December 1992, complies with the minimum requirements laid 
down (cid:206)1 in Annex I no later than four years after that date; 

(cid:208) 95/63/EC Art. 1, pt. 1(b) 

without  prejudice  to  point  (a)(i),  and  notwithstanding  point  (a)(ii)  and  point  (b), 
specific work equipment subject to the requirements of point 3 of Annex I, which, if 
the  undertaking  and/or  establishment  by 
already  provided 
5 December 1998, complies with the minimum requirements laid down in Annex I, 
no later than four years after that date. 

to  workers 

in 

2. The employer shall take the measures necessary to ensure that, throughout its working life, 
work equipment is kept, by means of adequate maintenance, at a level such that it complies 
with the provisions of paragraph 1(a) or (b) as applicable. 

(cid:208) 89/655/EEC 

3. Member States shall, after consultation with both sides of industry, and with due allowance 
for national legislation and/or practice, establish procedures whereby a level of safety may be 
attained corresponding to the objectives indicated by the provisions of Annex II. 

(cid:208) 95/63/EC Art. 1, pt. 1(c) 

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(cid:208) 95/63/EC Art. 1, pt. 2 

Article 5 

Inspection of work equipment 

1.  The  employer  shall  ensure  that  where  the  safety  of  work  equipment  depends  on  the 
installation conditions, it shall be subject to an initial inspection (after installation and before 
first being put into service) and an inspection after assembly at a new site or in a new location 
by competent persons within the meaning of national laws and/or practices, to ensure that the 
work equipment has been installed correctly and is operating properly. 

2.  In  order  to  ensure  that  health  and  safety  conditions  are  maintained  and  that  deterioration 
liable  to  result  in  dangerous  situations  can  be  detected  and  remedied  in  good  time,  the 
employer shall ensure that work equipment exposed to conditions causing such deterioration 
is subject to: 

(a) 

(b) 

periodic inspections and, where appropriate, testing by competent persons within the 
meaning of national laws and/or practices; 

special inspections by competent persons within the meaning of national laws and/or 
practices each time that exceptional circumstances which are liable to jeopardise the 
safety  of  the work equipment have occurred, such as modification  work,  accidents, 
natural phenomena or prolonged periods of inactivity. 

3.  The  results  of  inspections  shall  be  recorded  and  kept  at  the  disposal  of  the  authorities 
concerned. They must be kept for a suitable period of time. 

When  work  equipment  is  used  outside  the  undertaking  it  shall  be  accompanied  by  physical 
evidence that the last inspection has been carried out. 

4. Member States shall determine the conditions under which such inspections are made. 

(cid:208) 89/655/EEC 

Article 6 

Work equipment involving specific risks 

When the use of work equipment is likely to involve a specific risk to the safety or health of 
workers, the employer shall take the measures necessary to ensure that: 

(a) 

(b) 

the use of work equipment is restricted to those persons given the task of using it; 

in  the  case  of  repairs,  modifications,  maintenance  or  servicing,  the  workers 
concerned are specifically designated to carry out such work. 

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(cid:208) 95/63/EC Art. 1, pt. 3 

Article 7 

Ergonomics and occupational health 

The workplace and position of workers while using work equipment and ergonomic principles 
must be taken fully into account by the employer when applying minimum health and safety 
requirements. 

(cid:208) 89/655/EEC 

Article 8 

Informing workers 

1.  Without  prejudice  to  Article  10  of  Directive  89/391/EEC,  the  employer  shall  take  the 
measures  necessary  to  ensure  that  workers  have  at  their  disposal  adequate  information  and, 
where appropriate, written instructions on the work equipment used at work. 

2.  The  information  and  the  written  instructions  shall  contain  at  least  adequate  safety  and 
health information concerning: 

(a) 

(b) 

(c) 

the conditions of use of work equipment; 

foreseeable abnormal situations; 

the  conclusions  to  be  drawn  from  experience,  where  appropriate,  in  using  work 
equipment. 

Workers  must  be  made  aware  of  dangers  relevant  to  them,  work  equipment  present  in  the 
work area or site, and any changes affecting them, in as much as they affect work equipment 
situated in their immediate work area or site, even if they do not use such equipment directly. 

(cid:208) 95/63/EC Art. 1, pt. 4 

3.  The  information  and  the  written  instructions  must  be  comprehensible  to  the  workers 
concerned. 

(cid:208) 89/655/EEC 

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(cid:208) 89/655/EEC 
(cid:206)1 95/63/EC Art. 1, pt. 5 
(cid:206)2 95/63/EC Art. 1, pt. 6 

Article 9 

Training of workers 

Without  prejudice  to  Article  12  of  Directive  89/391/EEC,  the  employer  shall  take  the 
measures necessary to ensure that: 

(a) 

workers given the task of using work equipment receive adequate training, including 
training on any risks which such use may entail; 

(b) 

workers referred to in Article 6(b) receive adequate specific training. 

Article 10 

Consultation of workers and workers' participation 

Consultation  and  participation  of  workers  and/or  of  their  representatives  shall  take  place  in 
accordance with Article 11 of Directive 89/391/EEC on the matters covered by this Directive, 
including (cid:206)1 the Annexes  thereto. 

CHAPTER III 
MISCELLANEOUS PROVISIONS 

Article 11 

Amendment (cid:206)2 of the Annexes  

1.  Addition  to  (cid:206)2 Annex  I   of  the  supplementary  minimum  requirements  applicable  to 
specific  work  equipment,  referred  to  in  point  3  thereof,  shall  be  adopted  by  the  Council  in 
accordance with the procedure laid down in Article 137(2) of the Treaty. 

2. Strictly technical adaptations of (cid:206)2 the Annexes  shall be adopted, in accordance with 
the procedure laid down in Article 17(2) of Directive 89/391/EEC, as a result of: 

(a) 

(b) 

the  adoption  of  directives  on  technical  harmonisation  and  standardisation  of  work 
equipment; and/or 

technical  progress,  changes  in  international  regulations  or  specifications  or 
knowledge in the field of work equipment. 

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Article 12 

Final provisions 

1. Member States shall communicate to the Commission the texts of the provisions of national 
law which they have already adopted or adopt in the field governed by this Directive. 

2.  Member  States  shall  report  to  the  Commission  every  five  years  on  the  practical 
implementation of the provisions of this Directive, indicating the points of view of employers 
and workers. 

The  Commission  shall  inform  accordingly  the  European  Parliament,  the  Council,  the 
European  Economic  and  Social  Committee,  and  the  Advisory  Committee  on  Safety  and 
Health Protection at Work. 

3. The Commission shall submit periodically to the European Parliament, the Council and the 
European Economic and Social Committee a report on the implementation of this Directive, 
taking into account paragraphs 1 and 2. 

(cid:208)  

Article 13 

Directive 89/655/EEC, as amended by the Directives listed in Annex III, Part A, is repealed, 
without  prejudice  to  the  obligations  of  the  Member  States  relating  to  the  time-limits  for 
transposition into national law of the Directives set out in Annex III, Part B. 

References  to  the  repealed  Directive  shall  be  construed  as  references  to  this  Directive  and 
shall be read in accordance with the correlation table in Annex IV. 

This Directive shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

Article 14 

(cid:208) 89/655/EEC Art. 11 

Article 15 

This Directive is addressed to the Member States. 

Done at Brussels, […] 

For the European Parliament 
The President 
[…] 

For the Council 
The President 
[…] 

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(cid:208) 89/655/EEC 
(cid:206)1 95/63/EC Art. 1, pt. 7 and 
Annex I 

ANNEX (cid:206)1 I  

MINIMUM REQUIREMENTS REFERRED TO IN ARTICLE 4(1)(a)(ii) AND (b) 

1. 

GENERAL COMMENT 

The obligations laid down in this Annex apply having regard to the provisions of the 
Directive  and  where  the  corresponding  risk  exists  for  the  work  equipment  in 
question. 

(cid:208) 95/63/EC Art. 1, pt. 7 and 
Annex I, pt. 1 

The following minimum requirements, in as much as they apply to work equipment 
in  use,  do  not  necessarily  call  for  the  same  measures  as  the  essential  requirements 
concerning new work equipment. 

(cid:208) 89/655/EEC 

2. 

GENERAL MINIMUM REQUIREMENTS APPLICABLE TO WORK EQUIPMENT 

2.1.  Work  equipment  control  devices  which  affect  safety  must  be  clearly  visible  and 

identifiable and appropriately marked where necessary. 

Except where necessary for certain control devices, control devices must be located 
outside danger zones and in such a way that their operation cannot cause additional 
hazard.  They  must  not  give  rise  to  any  hazard  as  a  result  of  any  unintentional 
operation. 

If necessary, from the main control position, the operator must be able to ensure that 
no person is present in the danger zones. If this is impossible, a safe system such as 
an audible and/or visible warning signal must be given automatically whenever the 
machinery is about to start. An exposed worker must have the time and/or the means 
quickly  to  avoid  hazards  caused  by  the  starting  and/or  stopping  of  the  work 
equipment. 

Control  systems  must  be  safe  and  must  be  chosen  making  due  allowance  for  the 
failures, faults and constraints to be expected in the planned circumstances of use. 

(cid:208) 95/63/EC Art. 1, pt. 7 and 
Annex I, pt. 2 

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2.2. 

It  must  be  possible  to  start  work  equipment  only  by  deliberate  action  on  a  control 
provided for the purpose. 

(cid:208) 89/655/EEC 

The same shall apply: 

– 

– 

to restart it after a stoppage for whatever reason, 

for the control of a significant change in the operating conditions (e.g. speed, 
pressure, etc.), 

unless such a restart or change does not subject exposed workers to any hazard. 

This requirement does not apply to restarting or a change in operating conditions as a 
result of the normal operating cycle of an automatic device. 

2.3. 

All work equipment must be fitted with a control to stop it completely and safely. 

Each  work  station  must  be  fitted  with  a  control  to  stop  some  or  all  of  the  work 
equipment, depending on the type of hazard, so that the equipment is in a safe state. 
The  equipment's  stop  control  must  have  priority  over  the  start  controls.  When  the 
work equipment or the dangerous parts of it have stopped, the energy supply of the 
actuators concerned must be switched off. 

2.4.  Where  appropriate,  and  depending  on  the  hazards  the  equipment  presents  and  its 
normal stopping time, work equipment must be fitted with an emergency stop device. 

2.5.  Work equipment presenting risk due to falling objects or projections must be fitted 

with appropriate safety devices corresponding to the risk. 

Work equipment presenting hazards due to emissions of gas, vapour, liquid or dust 
must  be  fitted  with  appropriate  containment  and/or  extraction  devices  near  the 
sources of the hazard. 

2.6.  Work equipment and parts of such equipment must, where  necessary for the safety 

and health of workers, be stabilised by clamping or some other means. 

2.7.  Where  there  is  a  risk  of  rupture  or  disintegration  of  parts  of  the  work  equipment, 
likely  to  pose  significant  danger  to  the  safety  and  health  of  workers,  appropriate 
protection measures must be taken. 

2.8.  Where  there  is  a  risk  of  mechanical  contact  with  moving  parts  of  work  equipment 
which could lead to accidents, those parts must be provided with guards or devices to 
prevent access to danger zones or to halt movements of  dangerous parts before the 
danger zones are reached. 

The guards and protection devices must: 

– 

– 

be of robust construction, 

not give rise to any additional hazard, 

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– 

– 

– 

– 

not be easily removed or rendered inoperative, 

be situated at sufficient distance from the danger zone, 

not  restrict  more  than  necessary  the  view  of  the  operating  cycle  of  the 
equipment, 

allow  operations  necessary  to  fit  or  replace  parts  and  for  maintenance  work, 
restricting  access  only  to  the  area  where  the  work  is  to  be  carried  out  and,  if 
possible, without removal of the guard or protection device. 

2.9. 

Areas  and  points  for  working  on,  or  maintenance  of,  work  equipment  must  be 
suitably lit in line with the operation to be carried out. 

2.10.  Work equipment parts at high or very low temperature must, where appropriate, be 
protected to avoid the risk of workers coming into contact or coming too close. 

2.11.  Warning devices on work equipment must be unambiguous and easily perceived and 

understood. 

2.12.  Work equipment may be used only for operations and under conditions for which it 

is appropriate. 

2.13. 

It must be possible to carry out maintenance operations when the equipment is shut 
down.  If  this  is  not  possible,  it  must  be  possible  to  take  appropriate  protection 
measures for the carrying out of such operations or for such operations to be carried 
out outside the danger zones. 

If any machine has a maintenance log, it must be kept up to date. 

2.14.  All work equipment must be fitted with clearly identifiable means to isolate it from 

all its energy sources. 

Reconnection must be presumed to pose no risk to the workers concerned. 

2.15.  Work equipment must bear the warnings and markings essential to ensure the safety 

of workers. 

2.16.  Workers must have safe means of access to, and be able to remain safely in, all the 

areas necessary for production, adjustment and maintenance operations. 

2.17.  All  work  equipment  must  be  appropriate  for  protecting  workers  against  the  risk  of 
the work equipment catching fire or overheating, or of discharges of gas, dust, liquid, 
vapour or other substances produced, used or stored in the work equipment. 

2.18.  All work equipment must be appropriate for preventing the risk of explosion of the 

work equipment or of substances produced, used or stored in the work equipment. 

2.19.  All work equipment must be appropriate for protecting exposed workers against the 

risk of direct or indirect contact with electricity. 

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(cid:208) 95/63/EC Art. 1, pt. 7 and 
Annex I, pt. 3 

3. 

ADDITIONAL  MINIMUM  REQUIREMENTS  APPLICABLE  TO  SPECIFIC  TYPES  OF  WORK 
EQUIPMENT 

3.1.  Minimum  requirements  for  mobile  work  equipment,  whether  or  not 

self-propelled 

3.1.1.  Work equipment with ride-on workers must be fitted out in such a way as to reduce 

the risks for workers during the journey. 

Those risks must include the risks of contact with or trapping by wheels or tracks. 

3.1.2.  Where  an  inadvertent  seizure  of  the  drive  unit  between  an  item  of  mobile  work 
equipment  and  its  accessories  and/or  anything  towed  might  create  a  specific  risk, 
such work equipment must be equipped or adapted to prevent blockages of the drive 
units. 

Where  such  a  seizure  cannot  be  avoided,  every  possible  measure  must  be  taken  to 
avoid any adverse effects on workers. 

3.1.3.  Where  drive  shafts  for  the  transmission  of  energy  between  mobile  items  of  work 
equipment can become soiled or damaged by trailing on the ground, facilities must 
be available for fixing them. 

3.1.4.  Mobile  work  equipment  with  ride-on  workers  must  be  designed  to  restrict,  under 

actual conditions of use, the risks arising from work equipment rollover: 

– 

– 

either  by  a  protection  structure  to  ensure  that  the  equipment  does  not  tilt  by 
more than a quarter turn, or 

a structure giving sufficient clearance around the ride-on workers if the tilting 
movement can continue beyond a quarter turn, or 

– 

by some other device of equivalent effect. 

These protection structures may be an integral part of the work equipment. 

These  protection  structures  are  not  required  when  the  work  equipment  is  stabilised 
during operation or where the design makes roll over impossible. 

Where there is a risk of a ride-on worker being crushed between parts of the work 
equipment and the ground, should the equipment roll over, a restraining system for 
the ride-on workers must be installed. 

3.1.5.  Fork-lift trucks carrying one or more workers must be adapted or equipped to limit 

the risk of the fork-lift truck overturning, e.g.: 

– 

by the installation of an enclosure for the driver, or 

EN 

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– 

– 

– 

by a structure preventing the fork-lift truck from overturning, or 

by a structure ensuring that, if the fork-lift truck overturns, sufficient clearance 
remains  between  the  ground  and  certain  parts  of  the  fork-lift  truck  for  the 
workers carried, or 

by a structure restraining the workers on the driving seat so as to prevent them 
from being crushed by parts of the fork-lift truck which overturns. 

3.1.6.  Self-propelled  work  equipment  which  may,  in  motion,  engender  risks  for  persons 

must fulfil the following conditions: 

(a) 

the equipment must have facilities for preventing unauthorised start-up; 

(b) 

(c) 

it  must  have  appropriate  facilities  for  minimising  the  consequences  of  a 
collision where there is more than one item of track-mounted work equipment 
in motion at the same time; 

there  must  be  a  device  for  braking  and  stopping  equipment.  Where  safety 
constraints  so  require,  emergency  facilities  operated  by  readily  accessible 
controls  or  automatic  systems  must  be  available  for  braking  and  stopping 
equipment in the event of failure of the main facility; 

(d)  where the driver's direct field of vision is inadequate to ensure safety, adequate 

auxiliary devices must be installed to improve visibility; 

(e)  work equipment designed for use at night or in dark places must be equipped 
with  lighting  appropriate  to  the  work  to  be  carried  out  and  must  ensure 
sufficient safety for workers; 

(f)  work equipment which constitutes a fire hazard, either on its own or in respect 
of  whatever  it  is  towing  and/or  carrying  and  which  is  liable  to  endanger 
workers,  must  be  equipped  with  appropriate  fire-fighting  appliances  where 
such appliances are not available sufficiently nearby at the place of use; 

(g) 

(h) 

remote-controlled  work  equipment  must  stop  automatically  once  it  leaves  the 
control range; 

remote-controlled work equipment which may in normal conditions engender a 
crushing or impact hazard must have facilities to guard against this risk, unless 
other appropriate devices are present to control the impact risk. 

3.2.  Minimum requirements for work equipment for lifting loads 

3.2.1.  When  work  equipment  for  lifting  loads  is  installed  permanently,  its  strength  and 
stability during use must be assured, having regard, in particular, to the loads to be 
lifted and the stress induced at the mounting or fixing point of the structures. 

3.2.2.  Machinery for lifting loads must be clearly marked to indicate its nominal load, and 
where appropriate a load plate giving the nominal load for each configuration of the 
machinery. 

EN 

17 

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Accessories for lifting must be marked in such a way that it is possible to identify the 
characteristics essential for safe use. 

Work  equipment  which  is  not  designed  for  lifting  persons  but  which  might  be  so 
used in error must be appropriately and clearly marked to this effect. 

3.2.3.  Permanently installed work equipment must be installed in such a way as to reduce 

the risk of the load: 

(a) 

striking workers; 

(b)  drifting dangerously or falling freely; 

(c) 

being released unintentionally. 

3.2.4.  Work equipment for lifting or moving workers must be such as to: 

(a) 

prevent the risk of the car falling, where one exists, by suitable devices; 

(b)  prevent the risk of the user himself falling from the car, where one exists; 

(c) 

(d) 

prevent  the  risk  of  the  user  being  crushed,  trapped  or  struck,  in  particular 
through inadvertent contact with objects; 

ensure  that  persons  trapped  in  the  car  in  the  event  of  an  incident  are  not 
exposed to danger and can be freed. 

If, for reasons inherent in the site and height differences, the risks referred to in point 
(a)  cannot  be  avoided  by  any  safety  measures,  an  enhanced  safety  coefficient 
suspension rope must be installed and checked every working day. 

_______________ 

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(cid:208) 95/63/EC Art. 1, pt. 8 

ANNEX II 

PROVISIONS CONCERNING THE USE OF WORK EQUIPMENT REFERRED TO 
IN ARTICLE 4(3) 

GENERAL COMMENT 

The  obligations  laid  down  in  this  Annex  apply  having  regard  to  the  provisions  of  this 
Directive and where the corresponding risk exists for the work equipment in question. 

1. 

GENERAL PROVISIONS FOR ALL WORK EQUIPMENT 

1.1.  Work equipment must be installed, located and used in such a way as to reduce risks 
to users of the work equipment and for other workers, for example by ensuring that 
there  is  sufficient  space  between  the  moving  parts  of  work  equipment  and  fixed  or 
moving parts in its environment and that all forms of energy and substances used or 
produced can be supplied and/or removed in a safe manner. 

1.2.  Work  equipment  must  be  erected  or  dismantled under safe conditions, in particular 

observing any instructions which may have been furnished by the manufacturer. 

1.3.  Work  equipment  which  may  be  struck  by  lightning  while  being  used  must  be 

protected by devices or appropriate means against the effects of lightning. 

2. 

2.1. 

2.2. 

2.3. 

2.4. 

2.5. 

PROVISIONS  CONCERNING  THE  USE  OF  MOBILE  EQUIPMENT,  WHETHER  OR  NOT 
SELF-PROPELLED 

Self-propelled  work  equipment  shall  be  driven  only  by  workers  who  have  been 
appropriately trained in the safe driving of such equipment. 

If work equipment is moving around in a work area, appropriate traffic rules must be 
drawn up and followed. 

Organisational measures must be taken to prevent workers on foot coming within the 
area of operation of self-propelled work equipment. 

If  work  can  be  done  properly  only  if  workers  on  foot  are  present,  appropriate 
measures must be taken to prevent them from being injured by the equipment. 

The  transport  of  workers  on  mechanically  driven  mobile  work  equipment  is 
authorised  only  where  safe  facilities  are  provided  to  this  effect.  If  work  must  be 
carried out during the journey, speeds must be adjusted as necessary. 

Mobile work equipment with a combustion engine may not be used in working areas 
unless sufficient quantities of air presenting no health or safety risk to workers can be 
guaranteed. 

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3. 

PROVISIONS CONCERNING THE USE OF WORK EQUIPMENT FOR LIFTING LOADS 

3.1. 

General considerations 

3.1.1.  Work  equipment  which  is  mobile  or  can  be  dismantled  and  which  is  designed  for 
lifting  loads  must  be  used  in  such  a  way  as  to  ensure  the  stability  of  the  work 
equipment during use under all foreseeable conditions, taking into account the nature 
of the ground. 

3.1.2.  Persons may be lifted only by means of work equipment and accessories provided for 

this purpose. 

Without  prejudice  to  Article  5  of  Directive  89/391/EEC,  exceptionally,  work 
equipment which is not specifically designed for the purpose of lifting persons may 
be used to this effect, provided appropriate action has been taken to ensure safety in 
accordance  with  national  legislation  and/or  practice  laying  down  appropriate 
supervision. 

While workers are on work equipment designed for lifting loads the control position 
must  be  manned  at  all  times.  Persons  being  lifted  must  have  reliable  means  of 
communication. In the event of danger, there must be reliable means of evacuating 
them. 

3.1.3.  Unless  required  for  the  effective  operation  of  the  work,  measures  must  be  taken  to 

ensure that workers are not present under suspended loads. 

Loads  may  not  be  moved  above  unprotected  workplaces  usually  occupied  by 
workers. 

Where  that  is  the  case,  if  work  cannot  be  carried  out  properly  any  other  way, 
appropriate procedures must be laid down and applied. 

3.1.4.  Lifting accessories must be selected as a function of the loads to be handled, gripping 
points, attachment tackle and the atmospheric conditions having regard to the mode 
and configuration of slinging. Lifting accessory tackle must be clearly marked so that 
users are aware of its characteristics where such tackle is not dismantled after use. 

3.1.5.  Lifting  accessories  must  be  stored  in  a  way  that  ensures  that  they  will  not  be 

damaged or degraded. 

3.2.  Work equipment for lifting non-guided loads 

3.2.1.  When  two  or  more  items  of  work  equipment  used  for  lifting  non-guided  loads  are 
installed  or  erected  on  a  site  in  such  a  way  that  their  working  radii  overlap, 
appropriate measures must be taken to avoid collision between loads and/or the work 
equipment parts themselves. 

3.2.2.  When using mobile work equipment for lifting non-guided loads, measures must be 
taken to prevent the equipment from tilting, overturning or, if necessary, moving or 
slipping. Checks must be made to ensure that these measures are executed properly. 

EN 

20 

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3.2.3. 

If  the  operator  of  work  equipment  designed  for  lifting  non-guided  loads  cannot 
observe the full path of the load either directly or by means of auxiliary equipment 
providing the necessary information, a competent person must be in communication 
with the operator to guide him and organisational measures must be taken to prevent 
collisions of the load which could endanger workers. 

3.2.4.  Work must be organised in such a way that when a worker is attaching or detaching a 
load by hand, it can be done safely, in particular through the worker retaining direct 
or indirect control of the work equipment. 

3.2.5.  All lifting operations must be properly planned, appropriately supervised and carried 

out to protect the safety of workers. 

In particular, if a load has to be lifted by two or more pieces of work equipment for 
lifting non-guided loads simultaneously, a procedure must be established and applied 
to ensure good coordination on the part of the operators. 

3.2.6. 

If work equipment designed for lifting non-guided loads cannot maintain its hold on 
the  load  in  the  event  of  a  complete  or  partial  power  failure,  appropriate  measures 
must be taken to avoid exposing workers to any resultant risks. 

Suspended  loads  must  not  be  left  without  surveillance  unless  access  to  the  danger 
zone is prevented and the load has been safely suspended and is safely held. 

3.2.7  Open-air use of work equipment designed for lifting non-guided loads must be halted 
when meteorological conditions deteriorate to the point of jeopardising the safe use 
of  the  equipment  and  exposing  workers  to  risks.  Adequate  protection  measures,  in 
particular, to avoid work equipment turning over must be taken to avoid any risks to 
workers. 

(cid:208) 2001/45/EC Art. 1 (adapted) 

4. 

PROVISIONS  CONCERNING  THE  USE  OF  WORK  EQUIPMENT  PROVIDED  FOR 
TEMPORARY WORK AT A HEIGHT 

4.1. 

General provisions 

4.1.1. 

If,  pursuant  to  Article  6  of  Directive  89/391/EEC  and  Article  3  of  this  Directive, 
temporary  work  at  a  height  cannot  be  carried  out  safely  and  under  appropriate 
ergonomic conditions from a suitable  surface, the work equipment most suitable to 
ensure and maintain safe working conditions must be selected. Collective protection 
measures must be given priority over personal protection measures. The dimensions 
of the work equipment must be appropriate to the nature of the work to be performed 
and to the foreseeable stresses and allow passage without danger. 

The most appropriate means of access to temporary workplaces at a height must be 
selected  according  to  the  frequency  of  passage,  the  height  to  be  negotiated  and  the 
duration of use. The choice made must permit evacuation in the event of imminent 
danger. Passage in either direction between a means of access and platforms, decks 
or gangways must not give rise to any additional risks of falling. 

EN 

21 

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4.1.2.  Ladders may be used as work stations for work at a height only under circumstances 
in  which,  given  point  4.1.1,  the  use  of  other,  safer  work  equipment  is  not  justified 
because  of  the  low  level  of  risk  and  either  the  short  duration  of  use  or  existing 
features on site that the employer cannot alter. 

4.1.3.  Rope  access  and  positioning  techniques  may  be  used  only  under  circumstances 
where the risk assessment indicates that the work can be performed safely and where 
the use of other, safer work equipment is not justified. 

Taking the risk assessment into account and depending in particular on the duration 
of  the  job  and  the  ergonomic  constraints,  provision  must  be  made  for  a  seat  with 
appropriate accessories. 

4.1.4.  Depending on the type of work equipment selected on the basis of the foregoing, the 
appropriate  measures  for  minimising  the  risks  to  workers  inherent  in  this  type  of 
equipment  must  be  determined.  If  necessary,  provision  must  be  made  for  the 
installation  of  safeguards  to  prevent  falls.  These  must  be  of  suitable  configuration 
and sufficient strength to prevent or arrest falls from a height and, as far as possible, 
to  preclude  injury  to  workers.  Collective  safeguards  to  prevent  falls  may  be 
interrupted only at points of ladder or stairway access. 

4.1.5.  When the performance of a particular task requires a collective safeguard to prevent 
falls  to  be  temporarily  removed,  effective  compensatory  safety  measures  must  be 
taken. The task may not be performed until such measures have been taken. Once the 
particular  task  has  been  finished,  either  definitively  or  temporarily,  the  collective 
safeguards to prevent falls must be reinstalled. 

4.1.6.  Temporary work at a height may be carried out only when the weather conditions do 

not jeopardise the safety and health of workers. 

4.2. 

Specific provisions regarding the use of ladders 

4.2.1.  Ladders must be so positioned as to ensure their stability during use. Portable ladders 
must  rest  on  a  stable,  strong,  suitably-sized,  immobile  footing  so  that  the  rungs 
remain horizontal. Suspended ladders must be attached in a secure manner and, with 
the  exception  of  rope  ladders,  in  such  a  way  that  they  cannot  be  displaced  and 
swinging is prevented. 

4.2.2.  The feet of portable ladders must be prevented from slipping during use by securing 
the stiles at or near their upper or lower ends, by any anti-slip device or by any other 
arrangement  of  equivalent  effectiveness.  Ladders  used  for  access  must  be  long 
enough  to  protrude  sufficiently  beyond  the  access  platform,  unless  other  measures 
have  been  taken  to  ensure  a  firm  handhold.  Interlocking  ladders  and  extension 
ladders  must  be  used  so  that  the  different  sections  are  prevented  from  moving 
relative to one another. Mobile ladders must be prevented from moving before they 
are stepped on. 

4.2.3.  Ladders must be used in such a way that a secure handhold and secure support are 
available to workers at all times. In particular, if a load has to be carried by hand on a 
ladder, it must not preclude the maintenance of a safe handhold. 

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4.3. 

Specific provisions regarding the use of scaffolding 

4.3.1.  When  a  note  of  the  calculations  for  the  scaffolding  selected  is  not  available  or  the 
note does not cover the structural arrangements contemplated, strength and stability 
calculations  must  be  carried  out  unless  the  scaffolding  is  assembled  in  conformity 
with a generally recognised standard configuration. 

4.3.2.  Depending  on  the  complexity  of  the  scaffolding  chosen,  an  assembly,  use  and 
dismantling plan must be drawn up by a competent person. This may be in the form 
of  a  standard  plan,  supplemented  by  items  relating  to  specific  details  of  the 
scaffolding in question. 

4.3.3.  The bearing components of scaffolding must be prevented from slipping, whether by 
attachment to the bearing surface, provision of an anti-slip device or any other means 
of  equivalent  effectiveness,  and  the  load-bearing  surface  must  have  a  sufficient 
capacity. It must be ensured that the scaffolding is stable. Wheeled scaffolding must 
be  prevented  by  appropriate  devices  from  moving  accidentally  during  work  at  a 
height. 

4.3.4.  The  dimensions,  form  and  layout  of  scaffolding  decks  must  be  appropriate  to  the 
nature of the work to be performed and suitable for the loads to be carried and permit 
work and passage in safety. Scaffolding decks must be assembled in such a way that 
their  components  cannot  move  in  normal  use.  There  must  be  no  dangerous  gap 
between the deck components and the vertical collective safeguards to prevent falls. 

4.3.5.  When  parts  of  a  scaffolding  are  not  ready  for  use,  for  example  during  assembly, 
dismantling  or  alteration,  they  must  be  marked  with  general  warning  signs  in 
transposing  ⌦ Council1 ⌫ 
accordance  with 
Directive 92/58/EEC and be suitably delimited by physical means preventing access 
to the danger zone. 

provisions 

national 

the 

4.3.6.  Scaffolding  may  be  assembled,  dismantled  or  significantly  altered  only  under  the 
supervision  of  a  competent  person  and  by  workers  who  must  have  received 
appropriate  and  specific  training  in  the  operations  envisaged,  addressing  specific 
risks in accordance with Article 9, and more particularly in: 

(a) 

(b) 

understanding  of  the  plan  for  the  assembly,  dismantling  or  alteration  of  the 
scaffolding concerned; 

safety  during  the  assembly,  dismantling  or  alteration  of  the  scaffolding 
concerned; 

(c)  measures to prevent the risk of persons or objects falling; 

(d) 

safety  measures  in  the  event  of  changing  weather  conditions  which  could 
adversely affect the safety of the scaffolding concerned; 

(e) 

permissible loads; 

1 

OJ L 245, 26.8.1992, p. 23. 

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23 

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(f) 

any other risks which the abovementioned assembly, dismantling or alteration 
operations may entail. 

The person supervising and the workers concerned must have available the assembly 
and dismantling plan referred to in 4.3.2., including any instructions it may contain. 

4.4. 

Specific provisions regarding the use of rope access and positioning techniques 

The use of rope access and positioning techniques must comply with the following 
conditions: 

(a) 

the  system  must  comprise  at  least  two  separately  anchored  ropes,  one  as  a 
means  of  access,  descent  and  support  (work  rope)  and  the  other  as  backup 
(security rope); 

(b)  workers  must  be  provided  with  and  use  an  appropriate  harness  and  be 

connected by it to the security rope; 

(c) 

(d) 

(e) 

(f) 

the  work  rope  must  be  equipped  with  safe  means  of  ascent  and  descent  and 
have a self-locking system to prevent the user falling should he lose control of 
his  movements.  The  security  rope  must  be  equipped  with  a  mobile  fall 
prevention system which follows the movements of the worker; 

the tools and other accessories to be used by a worker must be secured to the 
worker's harness or seat or by some other appropriate means; 

the  work  must  be  properly  planned  and  supervised,  so  that  a  worker  can  be 
rescued immediately in an emergency; 

in  accordance  with  Article  9,  the  workers  concerned  must  receive  adequate 
training specific to the operations envisaged, in particular rescue procedures. 

In exceptional circumstances where, in view of the assessment of risks, the use of a 
second rope would make the work more dangerous, the use of a single rope may be 
permitted,  provided  that  appropriate  measures  have  been  taken  to  ensure  safety  in 
accordance with national legislation and/or practice. 

________________ 

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(cid:207) 

ANNEX III 

Part A 

Repealed Directive with its successive amendments 
(referred to in Article 13) 

Council Directive 89/655/EEC 

(OJ L 393, 30.12.1989, p. 13) 

Council Directive 95/63/EC 

(OJ L 335, 30.12.1995, p. 28) 

Directive 2001/45/EC of the European Parliament 
and of the Council 

(OJ L 195, 19.7.2001, p. 46) 

Part B 

List of time-limits for transposition into national law 
(referred to in Article 13) 

Directive 

Time-limit for transposition 

89/655/EEC 

95/63/EC 

2001/45/EC 

31 December 1992 

5 December 1998 

19 July 20041 

_____________ 

1 

Member  States  shall  have  the  right,  as  regards  the  implementation  of  point  4  of  Annex  II  to 
Directive 89/655/EEC,  to  make  use  of  a  transitional  period  of  not  more  than  two  years  from 
19 July 2004,  in  order  to  take  account  of  the  various  situations  which  might  arise  from  the  practical 
implementation of Directive 2001/45/EC in particular by small and medium-sized enterprises. 

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ANNEX IV 

CORRELATION TABLE 

Directive 89/655/EEC 

This Directive 

Article 1 

Article 2 

Article 3 

Article 4 

Article 1 

Article 2 

Article 3 

Article 4 

Article 4a(1) 

Article 5(1) 

Article 4a(2), first and second indents 

Article 5(2), points (a) and (b) 

Article 4a(3) 

Article 4a(4) 

Article 5(3) 

Article 5(4) 

Article 5, first and second indents  

Article 6, points (a) and (b) 

Article 5a 

Article 6(1) 

Article 7 

Article 8(1) 

Article 6(2), first subparagraph, first, second 
and third indents 

Article  8(2),  first  subparagraph,  points  (a), 
(b) and (c) 

Article 6(2), second subparagraph  

Article 8(2), second subparagraph 

Article 6(3) 

Article 7, first indent  

Article 7, second indent 

Article 8 

Article 9(1) 

Article 8(3) 

Article 9, point (a) 

Article 9, point (b) 

Article 10 

Article 11(1) 

Article 9(2), first and second indents 

Article 11(2), points (a) and (b) 

Article 10(1) 

Article 10(2) 

Article 10(3) 

Article 10(4) 

EN 

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Article 12(1) 

Article 12(2) 

Article 12(3) 

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_______ 

_______ 

Article 11 

Annex I 

Annex II 

_______ 

_______ 

Article 13 

Article 14 

Article 15 

Annex I 

Annex II 

Annex III 

Annex IV 

_____________ 

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