CELEX: 51988PC0267
Language: en
Date: 1988-06-16
Title: AMENDMENT TO THE PROPOSAL FOR A COUNCIL DIRECTIVE ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO MACHINERY

16. 8. 88                                 Official Journal of the European Communities                               No C 214/23
                Amendment to the proposal for a Council Directive on the approximation of the laws of the
                                               Member States relating to machinery (!)
                                                   COM(88) 267 final — SYN 107
                          (Submitted by the Commission pursuant to Article 149(3) of the EEC Treaty
                                                           on 24 June 1\
                                                             (88/C 214/10)
                            PREAMBLE                                       (19) Whereas it is essential that the manufacturer or his
                                                                                  authorized representative established in the
                                                                                  Community prepare a technical construction file
Recital 11 is completed in the following manner:                                  before drawing up the EC declaration of con-
                                                                                  formity ; whereas, however, it is not essential for
                                                                                 all the documentation to exist permanently in a
    '(...); whereas consumers may use machines coming                            material manner but it must be possible to make it
    within the scope of this Directive, some of which may                        available on demand; whereas it does not have to
    even be principally intended for them, it is a requisite                     include detailed plans of the sub-assemblies used
    that the manufacturer, when designing and construct-                         for the manufacture of machinery, unless a
    ing such machines, as well as when drafting the                              knowledge of them is essential for verification of
    instruction notice, should pay particular attention to                       conformity with the basic safety requirements;
    the fact that the use may take place in conditions
    adapted to the non-working environment and that the
    instruction notice be clearly expressed'.                             (20) Whereas the mere fact of not being able to present
                                                                                 the technical construction file following a re-
                                                                                 asoned request by a Member State may be taken as
The following recitals are added between recitals 15 and                         a presumption of the non-conformity of the
16:                                                                              machinery and whereas, therefore, it is sufficient
                                                                                 that the manufacturer or his authorized rep-
    '(16) Whereas a stricter certification procedure is                          resentative guarantee the existence of that file by
            desirable for certain types of machinery that have                   signing the EC declaration of conformity;'
            a greater risk potential, in particular because the
            material to be worked on the tool is directly             Recitals 16 et seq. are renumbered accordingly.
            applied by hand and/or hand-held during work-
            ing ; whereas it is, however, sufficient to make EC
            type-examination mandatory only where the
            harmonized standards concerned are not, or only                                  OPERATIVE PART
            partly, complied with; whereas this EC type-
            examination procedure may be followed by an
                                                                      The fourth indent of Article 1(3) excluding machines for
            EC declaration by the manufacturer without a
                                                                      working wood and similar materials from the scope of the
            stricter system such as quality assurance, EC
                                                                      Directive is deleted.
            verification or EC monitoring being necessary;
                                                                      Article 8 is replaced by the following:
    (17) Whereas the introduction of minimum criteria to
           be taken into account by Member States, as part of             'Article 8
           the EC type-examination procedure, when ap-
           pointing inspection bodies as set out in the Annex
                                                                          1. The manufacturer, or his authorized representative
           should, by Council Decision, be replaced by the
                                                                          established in the Community, shall, in order to certify
           European standards on the subject once they have
                                                                          the conformity of machinery with the provisions of this
           been approved by the European standardization
                                                                          Directive, draw up an EC declaration of conformity
           bodies;
                                                                          based on the model given in Annex II for each machine
                                                                          manufactured and shall affix to the machinery the EC
    (18) Whereas it is advisable to distinguish the EC mark               mark referred to in Article 9.
           if, at any stage during the procedure, there is
           intervention by an appointed body; whereas,                    2. Before placing on the market, the manufacturer, or
           since EC type-examination by an appointed body                 his authorized representative established in the Com-
           is such an intervention, it is necessary to provide            munity, shall:
           for the affixing in the EC mark of a sign
           distinguishing that body;
                                                                          (a) if the machinery is not referred to in Annex IV or if it
                                                                              is referred to and is manufactured in accordance
                                                                              with the standards referred to in Article 5, draw up
(!) OJ No C 29, 3. 2. 1988, p. 1.                                             the file provided for in Annex V;
 ---pagebreak--- No C 214/24                              Official Journal of the European Communities                                     16. 8. 88
   (b) if the machinery is referred to in Annex IV and is not             thereof of various origins or constructing machinery for
       or is only partly manufactured in accordance with                  his own use'.
       the standards referred to in Article 5, submit a
       model of the machinery for the EC type-exami-                 Article 9 is amended as follows:
       nation referred to in Annex VI.
                                                                         Replace paragraph 1 by:
   3. Where paragraph 2(a) applies, the EC declaration
   of conformity shall solely state conformity with the                  ' 1 . The ' E C mark shall consist of the EC symbol
   essential requirements of the Directive and the EC mark               followed by the last two digits of the year in which the
   shall conform to the model given in Annex III A.                      mark was affixed and, where appropriate, the identify-
                                                                         ing mark of the approved body which issued the EC type
                                                                         certificate.
   Where paragraph 2(b) applies, the EC declaration of
   conformity shall state conformity with the model that
   underwent EC type-examination and the EC mark shall                   Annex III A shows the model to be used where the
   conform to the model given in Annex III B.                            procedure set out in Article 8(2)(a) is used. Article III B
                                                                         shows the model to be used where the procedure set out
                                                                         in Article 8(2)(b) is used.'
   4. Where neither the manufacturer nor his authorized
   representative established in the Community fulfills the          — Replace paragraph 3 by:
   obligations of paragraphs 1, 2 and 3, these obligations
   shall fall to any person placing the machinery on the                 '3. Marks or inscriptions which because of their
   market in the Community. The same obligations shall                   design or the place where they are affixed are likely to be
   apply to any person assembling machinery or parts                     confused with the EC mark shall be prohibited.'
                                                            ANNEXES
              The following texts are hereby added to Annex I:
              '1.1.2.(g)  The manufacturer, when designing and constructing machines which could equally be
                          intended for use by non-professional operators, should take into account the level of
                          general education and acumen that these operators can reasonably be expected to have.'
              l
                1.3.4.(a) Hazards related to combined      machinery
                          Where the machinery is intended to carry out several different operations with the
                          manual removal of the piece between each operation (combined machinery), it shall be
                          designed and constructed in such a way as to enable each element to be used separately
                          without the other elements constituting a danger or hazard for the operator.
                          For this purpose, it shall be possible to start and stop separately any elements that are
                          not fully protected.
              1.3.4.(b)   Hazards relating to variations in the rotational speed of tools
                          Where the machine is intended to operate with tools requiring different rotational
                          speeds, it shall be designed and constructed in such a way as to allow easy and safe
                          adjustment of the speed according to the tool being used.'
 ---pagebreak--- 16. 8. 88                           Official Journal of the European Communities                                   No C 214/25
          '1.7.4.(h) In the case of machines which could equally be intended for use by non-professional
                     operators, the drafting and the presentation of the instructions for use, whilst respecting
                     the other essential requirements mentioned above, must take into account the level of
                     general education and acumen that can reasonably be expected from such operators.'
          '2.4.      Machines for working wood and analogous materials
                     In addition to the essential safety requirements set out in 1 above, machines for working
                     wood and machines for working materials with physical and technological
                     characteristics similar to those of wood, such as cork, bone, hardened rubber, hardened
                     plastic material and other similar stiff material shall conform to the following
                     requirements:
                     (a) the machine shall be designed, constructed or equipped so that the piece being
                         machined can be placed and guided in safety; where the piece is hand-held on a
                         work-bench the latter shall be sufficiently stable during the work and shall not
                         impede the movement of the piece;
                     (b) where the machine is likely to be used in conditions involving the risk of ejection of
                         pieces of wood, it shall be designed, constructed or equipped to eliminate this
                         ejection, or, if this is not the case, so that the ejection does not engender risks for the
                         operator and/or exposed persons;
                     (c) where the tools are not fully protected when not in use, the machine shall be
                         equipped with an automatic brake that stops the tool in a sufficiently short time.'
 ---pagebreak--- No C 214/26                             Official Journal of the European Communities                                       16. 8. 88
           Annex II is hereby replaced by:
                                                            'ANNEX 11
                                           EC DECLARATION OF CONFORMITY (J)
           The manufacturer or his authorized representative established in the Community ( 2 ):
           declares that the new machine described hereafter (3)
                                                                                                         is in conformity:
               (4) with the provisions of Council Directive .../.../EEC,
               (5) with the machine which is the subject of EC certificate of conformity No            issued by (6)
          Done at                               , on.
                   (Signature) (7)
          0) This declaration must be drawn up in the same language as the Instruction handbook (see Annex 1,
              paragraph 1.7.4), either typewritten or handwritten in block capitals.
          (2) Business name and full address; authorized representatives must also give the business name and address of
              the manufacturer.
          (3) Description of the machinery (make, type, serial number, etc.).
          (4) Delete in the case of application of the procedure set out in Article 8(2)(b).
          (5) Delete in the case of application of the procedure set out in Article 8(2)(a).
          (6) Name and address of the approved body.
          (7) Name and position of the person empowered to sign on behalf of the 'manufacturer or his authorized
              representative.'
 ---pagebreak--- 16. 8. 88                                Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s          No C 214/27
The text of Annex III is hereby replaced by:
       'A. MODEL T O BE USED IN THE CASE OF APPLICATION OF THE PROCEDURE SET OUT IN ARTICLE 8(2)(a)
        B. MODEL TO BE USED IN THE CASE OF APPLICATION OF THE PROCEDURE SET OUT IN ARTICLE 8(2)(b)
                                (2)
The different elements of the EC mark should have materially the same vertical dimensions, which should not be less than 5 mm.
(') Year in which the mark was affixed.
(2) Identifying mark of the approved body issuing the EC type certificate.'
 ---pagebreak--- No C 214/28                            Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s                   16. 8. 88
          The following Annexes IV, V, VI and VII are hereby added to the proposal:
                                                                ANNEX IV
              TYPES OF MACHINERY FOR WHICH THE PROCEDURE REFERRED T O IN ARTICLE 8(2) (b)
                                                        SHOULD BE APPLIED
           1. Wood-working machines (*) of the following types:
               (a) circular saws;
               (b) band saws;
               (c) planing machines;
               (d) spindle moulding (by cutting) machines;
               where the material is advanced manually towards the tool and/or hand-held during machining.
          2. Wood-working machines 0) of the following types:
               (a) Machines which can carry out different types of machining operations without tool change between
                   such operations, with manual transfer of the workpiece between each operation;
               (b) chain-mortaising machines;
               (c) portable chain saws.
          3. Machines for the cold working of metal (e. g. presses, shears, folding machines,...), where the material is put
               in place and/or manually removed.
           0) And analogous material coming within the frame of CN code 8465 of the statistical and tariff nomenclature
               and the Common Customs Tariff (OJ No L 256, 7. 9. 1987).
                                                                ANNEX      V
                                            EC DECLARATION OF CONFORMITY
           1. The EC declaration of conformity is the instrument by means of which an authorized person representing
               the manufacturer, or his authorized representative established in the Community 0), declares that the
               machinery being placed on the market complies with all the essential safety requirements applying to it.
          2. Signature of the EC declaration of conformity authorizes the manufacturer, or his authorized representative
               in the Community, to affix the EC mark to the machinery.
           3. Before drawing up the EC declaration of conformity, the manufacturer, or his authorized representative in
               the Community, shall have ensured and be able to guarantee that the documentation listed below is and will
               remain available on his premises for any inspection purposes:
               (a) A technical construction file comprising:
                   — an overall drawing of the machine together with drawings of the control circuits,
                   — full detailed drawings, accompanied by any calculation notes, test results etc. required to construct
                       the machinery,
                   — a list of:
                       — the essential requirements of this Directive,
                       — other texts of regulations, and
                       — standards,
               which were used when the machinery was designed,
           (*) See also Article 8(4).
 ---pagebreak--- 16. 8. 88                                Official Journal of the European Communities                                      No C 214/29
               — a description of methods adopted to eliminate hazards presented by the machinery,
              — if so desired, any technical report or certificate obtained from a competent body,
              — a copy of the instruction handbook for the machinery.
          (b) For series manufacture, the internal measures that will be implemented to ensure that the machinery
               remains in conformity with the provisions of the Directive.
          4. a) The documentation referred to at 3(a) and (b) above need not permanently exist in a material manner but
                  it must be possible to assemble it and make it available within a period of time commensurate with its
                  importance.
                  It does not have to include detailed plans or any other specific information as regards the sub-assemblies
                  used for the manufacture of the machinery unless a knowledge of them is essential for verification of
                  conformity with the basic safety requirements.
              (b)The documentation referred to at 3(a) and (b) above shall be retained and kept available for the
                  competent national authorities under'Article 2 for at least ten years following the date of manufacture of
                  the machinery or of the last unit produced in the case of series manufacture.
              (c) Where the competent national authorities under Article 2 consider that a machine with an EC certificate
                  of conformity and bearing the EC mark does not conform to the requirements of this Directive, they may
                  consult the documentation kept available for them. Grounds shall be given for any such consultation
                  request. Failure to present the documentation may constitute sufficient grounds for doubting the
                  presumption of conformity with the requirements of the Directive.
              (d) The documentation referred to at 3(a) and (b) above shall be drawn up in one of the official languages of
                  the Community.
                                                               ANNEX    VI
                                                      EC TYPE-EXAMINATION
          1. EC type-examination is the procedure by which an approved inspection body ascertains and certifies that an
               example of machinery satisfies the provisions of this Directive which apply to it.
          2. The application for EC type-examination shall be lodged by the manufacturer or by his authorized
               representative established in the Community (*), with a single approved inspection body, in respect of an
               example of the machinery.
               The application shall include:
               — the name and address of the manufacturer or his authorized representative and the place of manufacture
                   of the machinery,
              — a technical file comprising at least:
                   — an overall drawing of the machine together with drawings of the control circuits,
                   — full detailed drawings, accompanied by any calculation notes, test results etc. required to construct
                       the machinery,
                   — a description of methods adopted to eliminate hazards presented by the machinery,
                   — a copy of the instruction handbook for the machinery,
                   — for series manufacture, the internal measures that will be implemented to ensure that the machinery
                       remain in conformity with the provisions of the Directive.
          (!) See also Article 8(4).
 ---pagebreak--- No C 214/30                            Official Journal of the European Communities                                           16. 8. 88
              It shall be accompanied by a machine representative of the production planned.
             The documentation referred to above does not have to include detailed plans or any other specific
              information as regards the sub-assemblies used for the manufacture of the machinery unless a knowledge of
             them is essential for verification of conformity with the basic safety requirements.
          3. The approved body shall carry out the EC type-examination in the manner described below:
             — it shall examine the technical construction file to verify its appropriateness and the machine supplied.
             — During the examination of the machine, the body shall:
                  (a) ensure that it has been manufactured in conformity with the technical construction file and may
                      safely be used under its intended working conditions;
                  (b) perform appropriate examinations and tests to check that the machine compiles with the essential
                      requirements applicable to it.
          4. If the example complies with the provisions applicable to it the body shall draw up an EC type-examination
             certificate which shall be forwarded to the applicant. That certificate shall state the conclusions of the
             examination, indicate any conditions to which its issue may be subject and be accompanied by the
             descriptions and drawings necessary for identification of the approved example.
             The Commission, the other approved bodies and the other Member States may obtain a copy of the
             certificate and, on a reasoned request, a copy of the technical construction file and the reports on the
             examinations and tests carried out.
          5. A body which refuses to issue an EC type-examination certificate shall so inform the other approved bodies.
             A body which withdraws an EC type-examination certificate shall so inform the Member State which
             approved it. The latter shall inform the other Member States and the Commission thereof, giving the
             reasons for the decision.
          6. Each Member State shall notify the Commission and the other Member States of the approved bodies
             responsible for carrying out the certification procedures referred to in Article 8(2) (b). The Commission
             shall publish for information a list of these bodies in the Official Journal of the European Communities and
             shall ensure that the list is kept up to date.
          7. Annex VII sets out the minimum criteria which Member States shall respect as regards approval of
             certification bodies. These criteria shall be replaced, by Council Decision, by European standards on the
             subject adopted by the European standardization bodies, which shall then be applied.
          8. A Member State which has approved a body must withdraw approval if it finds that the body no longer
             meets the criteria referred to at 7 above. It shall immediately inform the Commission and the other Member
             States accordingly.
          9. The files and correspondence referring to the EC type-examination procedures shall be drawn up in an
             official language of the Member State where the agreed body is established or in a language acceptable to it.
                                                                ANNEX    VII
                   MINIMUM CRITERIA T O BE TAKEN INTO ACCOUNT BY MEMBER STATES WHEN
                                                 APPOINTING INSPECTION BODIES
          1. The inspection body, its director and the staff responsible for carrying out the verification tests shall not be
             the designer, manufacturer, supplier or installer of machines which they inspect, nor the authorized
             representative of any of those parties. They shall not become directly involved in the design, construction,
             marketing or maintenance of the machines. This does not preclude the possibility of exchanges of technical
             information between the manufacturer and the inspection body.
          2. The inspection body and its staff shall carry out the verification tests with the highest degree of professional
             integrity and technical competence and shall be free from all pressures and inducements, particulary
 ---pagebreak---  16. 8. 88                                    Official Journal of the European Communities                                        No C 214/31
                  financial, which might influence their judgment or the results of the inspection, especially from persons or
                  groups of persons with an interest in the result of verifications.
               3. The inspection body shall have at its disposal the necessary staff and possess the necessary facilities to enable
                  it to perform properly the administrative and technical tasks connected with verification; it shall also have
                  access to the equipment required for special verification.
               4. The staff responsible for inspection shall have:
                  — sound technical and professional training,
                  — satisfactory knowledge of the requirements of the tests they carry out and adequate experience of such
                       tests,
                  — the ability to draw up the certificates, records and reports required to authenticate the performance of
                       the tests.
               5. The impartiality of inspection staff shall be guaranteed. Their remuneration shall not depend on the number
                  of tests carried out or on the results of such tests.
               6. The inspection body shall take out liability insurance unless its liability is assumed by the State in
                  accordance with national law, or the Member State itself is directly responsible for the tests.
               7. The staff of the inspection body shall be bound to observe professional secrecy with regard to all
                  information gained in carrying out its tasks (except vis-a-vis the competent administrative authorities of the
                  State in which its activities are carried out) under this Directive or any provision of national law giving effect
                  to it.'
              Proposal for a Council Regulation (EEC) on the special conditions for exporting foodstuffs and
                    feedingstuffs following a nuclear accident or any other case of radiological emergency
                                                              COM(88) 295 final
                                           (Submitted by the Commission on 27 June 1988)
                                                                  (88/C 214/11)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                      Whereas on 22 December 1987 the Council adopted
                                                                              Regulation (Euratom) No 3954/87 laying down maximum
Having regard to the Treaty establishing the European                         permitted levels of radioactive contamination of foodstuffs
Economic Community, and in particular Article 113                             and of feedingstuffs following a nuclear accident or any
thereof,                                                                      other case of radiological emergency ( 2 );
Having regard to the proposal from the Commission,
                                                                              Whereas the maximum permitted levels take due account
In cooperation with the European Parliament,                                  of the most recent international scientific opinion while still
                                                                              reflecting the need to reassure the population and to avoid
Whereas the Commission must be informed of any nuclear                        any discrepancies in international regulations;
accident or unusually high levels of radioactivity in
accordance with Council Decision 87/600/Euratom of
14 December 1987 on Community arrangements for the
                                                                              Whereas the resolution of the Council and the representa-
early exchange of information in the event of a radiological
                                                                              tives of the governments of the Member States meeting
emergency ( ! ), or pursuant to the Convention of 26 Sep-
                                                                              within the Council of 22 December 1987, adopted at the
tember 1986 on the rapid notification of nuclear accidents;
(!) OJ No L 371, 30. 12. 1987, p. 76.                                         (2) OJ No L 371, 30. 12. 1987, p. 11.