2009/180/EC: Commission Decision of 11 March 2009 on the publication with a restriction of the reference of standard EN 12312-9:2005 Aircraft ground support equipment — Specific requirements — Part 9: Container/Pallet loaders in accordance with Directive 98/37/EC of the European Parliament and of the Council (notified under document number C(2009) 1551) (Text with EEA relevance)
Date: 2009-03-11
Institutions: European Commission
Subjects: container, disclosure of information, harmonisation of standards, information society, organisation of transport, product safety, space vehicle

12.3.2009

EN

Official Journal of the European Union

L 67/85

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory)

II

DECISIONS

COMMISSION

COMMISSION DECISION

of 11 March 2009
on the publication with a restriction of the reference of standard EN 12312-9:2005 ‘Aircraft ground
support equipment — Specific requirements — Part 9: Container/Pallet loaders’ in accordance with
Directive 98/37/EC of the European Parliament and of the Council

(notified under document number C(2009) 1551)

(Text with EEA relevance)

(2009/180/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

requirements — Part

‘Aircraft ground support equipment —
12312-9:2005,
Specific
9: Container/Pallet
loaders’ adopted by the European Committee for Stan­
dardisation (CEN) on 21 March 2005, the reference of
which has been published in the Official Journal of the
European Union (3).

(3)

(4)

regard to Directive 98/37/EC of

Having
the European
Parliament and of the Council of 22 June 1998 on the approx­
imation of
relating to
machinery (1), and in particular Article 6(1) thereof,

the Member States

laws of

the

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
in
accordance with that standard is presumed to meet the
essential requirements concerned.

to Directive 98/37/EC, a machine built

(2)

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

One of the main risks associated with airport container
and pallet loaders is the risk of falling from the raised
operating position and from other positions to which the
operators have access when operating the cargo doors
and handling the
loads. The means of protection
against this risk must be effective while accommodating
the shape of the aircraft and avoiding damage to it.

it

falling,

the
Having examined standard EN 12312-9:2005,
Commission has established that
the
fails to meet
essential health and safety requirement 1.5.15 of Annex
I to Directive 98/37/EC on the risk of slipping, tripping
or
in conjunction with the essential health
requirement 1.1.2(b) of that Annex on the principles of
safety integration. In particular, clause 5.6 of the standard
‘Crushing, shearing and falling’, does not give specifi­
cations for the choice, design, location and construction
of the means to be used to protect against falling from
container and pallet loaders but only refers to the general
‘Aircraft ground
specifications of EN 1915-1:2001,
support equipment — General requirements — Part 1:
Basic safety requirements’ which describe the various
types of protection that can be used.

(1) OJ L 207, 23.7.1998, p. 1.
(2) OJ L 204, 21.7.1998, p. 37.

(3) OJ C 336, 31.12.2005, p. 12.

L 67/86

EN

Official Journal of the European Union

12.3.2009

(5)

(6)

In the interest of safety and legal certainty, the publi­
cation in the Official
the European Union of
Journal of
the reference of
standard EN 12312-9:2005 should
therefore be accompanied by an appropriate warning.

Member States should add an identical warning in their
publication of the reference of national standards trans­
posing standard EN 12312-9:2005,

HAS ADOPTED THIS DECISION:

Article 2

Where, pursuant to Article 5(2) of Directive 98/37/EC, Member
States publish the reference of a national standard transposing
harmonised standard EN 12312-9:2005, they shall add to that
publication a warning identical to that set out in the Annex to
this Decision.

This Decision is addressed to the Member States.

Article 3

Article 1

Done at Brussels, 11 March 2009.

The publication in the Official Journal of the European Union of
the reference of standard EN 12312-9:2005 ‘Aircraft ground
support equipment — Specific requirements — Part 9: Contain­
er/Pallet loaders’ shall be as set out in the Annex.

For the Commission

Günter VERHEUGEN
Vice-President

12.3.2009

EN

Official Journal of the European Union

L 67/87

ANNEX

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

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 12312-9:2005
Aircraft ground support equipment —
9:
Specific
Container/Pallet loaders

requirements — Part

31.12.2005

—

Warning: This publication does not concern clause 5.6 of the standard, the application of which does not confer a
presumption of conformity with the essential health and safety requirement 1.5.15 of Annex I to Directive
98/37/EC, in conjunction with the requirement 1.1.2(b) of that Annex.

(1) ESO: European Standards Organisation:

— CEN: rue de Stassart/de Stassartstraat 36, 1050 Bruxelles/Brussel, Belgique/België, tél./tel. + 32 25500811; fax + 32 25500819

(http://www.cen.eu).

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:
— 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,
— 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.

More information about harmonised standards on the Internet at:

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