THE FRENCH REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY AND IN PARTICULAR ARTICLE 30 THEREOF ,
Grounds
1 BY AN APPLICATION LODGED AT THE COURT REGISTRY ON 13 JULY 1984 , THE COMMISSION OF THE EUROPEAN COMMUNITIES BROUGHT AN ACTION BEFORE THE COURT UNDER ARTICLE 169 OF THE EEC TREATY FOR A DECLARATION THAT , BY REQUIRING MANUFACTURERS AND IMPORTERS TO COMPLY WITH CERTAIN SAFETY REGULATIONS FOR MACHINES AND APPARATUSES USED FOR WOODWORKING , THE FRENCH REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER ARTICLE 30 OF THE EEC TREATY .
2 BETWEEN 1979 AND 1982 FRANCE ADOPTED NEW SAFETY RULES FOR DIFFERENT TYPES OF WOODWORKING MACHINES AND APPARATUSES . THOSE RULES WERE LAID DOWN IN DECREES NOS 80-542 , 80-543 AND 80-544 OF 15 JULY 1980 ON HYGIENE AND SAFETY PROVISIONS APPLICABLE TO CERTAIN MACHINE TOOLS , DECREES NOS 81-170 , 81-171 , 81-172 AND 81-173 OF 20 FEBRUARY 1981 AND NOS 81-408 , 81-409 , 81-410 AND 81-411 OF 15 APRIL 1981 SPECIFYING THE CONDITIONS OF HYGIENE AND SAFETY WITH WHICH THE MAIN TYPES OF WOODWORKING MACHINES MUST COMPLY , THE ORDERS OF THE MINISTERS OF LABOUR AND AGRICULTURE OF 1 , 2 AND 3 APRIL 1981 AND OF 22 JUNE 1981 LAYING DOWN TECHNICAL REQUIREMENTS , DECREE NO 79-229 OF 20 MARCH 1979 , THE ORDERS OF THE MINISTER OF LABOUR OF 18 NOVEMBER 1980 AND 5 NOVEMBER 1981 ON THE PROCEDURE FOR MAKING A DECLARATION , THE ORDER OF THE MINISTER OF LABOUR OF 30 OCTOBER 1981 AND HIS ' OPINION ' OF 27 DECEMBER 1981 ON THE PROCEDURE FOR OBTAINING A CERTIFICATE , AND THE ORDER OF THAT MINISTER OF 12 MARCH 1982 ON THE APPROVAL PROCEDURE .
3 THE BASIC PRINCIPLES OF THOSE NEW RULES ARE SET OUT IN DECREE NO 80-543 WHICH LAYS DOWN THE GENERAL RULE THAT ' THE APPARATUSES , MACHINES AND THEIR COMPONENT PARTS MUST BE SO CONSTRUCTED THAT THEIR OPERATION , ADJUSTMENT AND MAINTENANCE PRESENT NO RISK FOR WORKERS IF THOSE OPERATIONS ARE CARRIED OUT UNDER THE CONDITIONS LAID DOWN BY THE MANUFACTURER OR IMPORTER ' . THAT DECREE ALSO LAYS DOWN OTHER GENERAL RULES REGARDING THE MATERIALS USED AND THE MANNER IN WHICH THE APPARATUSES , MACHINES AND THEIR COMPONENTS MUST BE MANUFACTURED .
4 THOSE GENERAL RULES WERE SUPPLEMENTED BY DECREES NOS 81-170 , 81-171,81-172 AND 81-173 AND NOS 81-408 , 81-409 , 81-410 AND 81-411 WHICH LAY DOWN SPECIFIC TECHNICAL REQUIREMENTS FOR THE VARIOUS TYPES OF WOODWORKING MACHINES . THOSE DECREES WERE THEMSELVES SUPPLEMENTED BY THE ABOVEMENTIONED ORDERS ESTABLISHING THE TECHNICAL DETAILS NECESSARY FOR THEIR IMPLEMENTATION .
5 THE RULES ALSO CLASSIFY THE MACHINES IN THREE CATEGORIES , ACCORDING TO THE DEGREE OF DANGER WHICH THEY REPRESENT . THE FIRST CATEGORY COVERS MACHINES FOR WHICH THE MANUFACTURER IS REQUIRED ONLY TO MAKE A DECLARATION OF CONFORMITY WITH FRENCH STANDARDS , WITHOUT PRIOR INSPECTION . THE SECOND CATEGORY CONCERNS MACHINES FOR WHICH THE INSTITUT NATIONAL DE RECHERCHE ET DE SECURITE ( NATIONAL INSTITUTE