WITH REGARD TO THE SPECIFIC EXAMPLE CITED BY THE COMMISSION CONCERNING THE PROTECTIVE DEVICE FOR PLANING MACHINES , IT SHOULD BE NOTED THAT , ACCORDING TO THE COMMISSION , THE APPROACH TO PROTECTION PRESCRIBED BY THE GERMAN TECHNICAL PROVISION IS DIFFERENT TO THAT OF THE FRENCH RULES . IT HAS NOT BEEN ESTABLISHED THAT THE TWO APPROACHES GUARANTEE USERS THE SAME LEVEL OF PROTECTION . AS FAR AS HIGHLY AUTOMATED MACHINES ARE CONCERNED , IT SHOULD BE POINTED OUT THAT THE RULES IN QUESTION DO NOT HAVE THE EFFECT EITHER OF REQUIRING MANUFACTURERS TO MANUFACTURE AUTOMATED MACHINES OR OF ACCORDING PREFERENTIAL TREATMENT TO SUCH MACHINES .
21 IN CONNECTION WITH THE COMMISSION ' S OBSERVATION THAT STATISTICS PROVE THAT THE MACHINES MANUFACTURED IN ACCORDANCE WITH THE APPROACHES TO PROTECTION ADOPTED BY OTHER MEMBER STATES DO NOT GIVE RISE TO MORE ACCIDENTS THAN THE MACHINES WHICH ARE IN CONFORMITY WITH THE FRENCH RULES , IT SHOULD BE NOTED THAT SUCH STATISTICS ARE NOT IN THEMSELVES CAPABLE OF ESTABLISHING THAT OTHER APPROACHES TO SAFETY PROVIDE THE SAME LEVEL OF PROTECTION AS THE APPROACH ADOPTED IN FRANCE . REFERENCE TO STATISTICS ALONE LEAVES OUT OF ACCOUNT OTHER FACTORS , SUCH AS , FOR EXAMPLE , THE EXTENSIVE TRAINING OF USERS , WHICH PRECLUDE A COMPARATIVE ASSESSMENT OF THE LEVELS OF PROTECTION OF THE HEALTH AND LIFE OF HUMANS .
22 CONSEQUENTLY , IT HAS NOT BEEN ESTABLISHED THAT THE MACHINES IN FREE CIRCULATION IN THE OTHER MEMBER STATES PROVIDE THE SAME LEVEL OF PROTECTION FOR USERS .
23 IT FOLLOWS FROM THE FOREGOING THAT THE FIRST COMPLAINT MUST BE DISMISSED IN ITS ENTIRETY .
THE PERIODS WITHIN WHICH THE RULES BECAME COMPULSORY
24 THE COMMISSION CLAIMS THAT THE PERIODS BETWEEN THE DATES OF THE PUBLICATION OF THE DECREES AND ORDERS LAYING DOWN THE NEW RULES AND THE DATES ON WHICH CERTIFICATES OR APPROVAL BECAME COMPULSORY WERE TOO SHORT . IN MANY CASES THE FRENCH AUTHORITIES WERE UNABLE TO PROCESS IN SUFFICIENT TIME THE DOCUMENTS SUBMITTED TO THEM IN SUPPORT OF APPLICATIONS FOR CERTIFICATES OR APPROVAL . THUS , FOR INSTANCE , IT PROVED IMPOSSIBLE TO DELIVER BY 1 MARCH 1982 ANY OF THE CERTIFICATES REQUESTED FOR SURFACING MACHINES ALTHOUGH 125 APPLICATIONS HAD BEEN SUBMITTED .
25 THE FRENCH GOVERNMENT POINTS OUT THAT THE OBJECTIVE OF THE RULES REQUIRED THAT THE TIME-LIMITS SHOULD BE AS SHORT AS POSSIBLE . THE DEPARTMENTS CONCERNED WERE ASKED TO AVOID ANY DELAY IN THE INSPECTION PROCEDURE . THE DELAYS WHICH OCCURRED STEMMED SOLELY FROM THE FAILURE OF MANUFACTURERS OF OTHER MEMBER STATES TO SUBMIT THE RELEVANT DOCUMENTATION IN GOOD TIME . APPLICANTS FOR CERTIFICATES ARE NOTIFIED ON AVERAGE WITHIN TWO MONTHS FROM THE DATE OF SUBMITTING THE APPLICATION .
26 IT SHOULD BE NOTED THAT FREQUENT AND SUBSTANTIAL DELAYS ON THE PART OF THE SUPERVISORY AUTHORITIES IN PROCESSING APPLICATIONS FOR CERTIFICATES OR APPROVAL MAY MAKE IMPORTATION MORE DIFFICULT AND MORE COSTLY AND , ACCORDINGLY , SUCH DELAYS MAY CONSTITUTE MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS WITHIN