CELEX: 51987PC0564
Language: en
Date: 1987-12-14
Title: PROPOSAL FOR A COUNCIL DIRECTIVE ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO MACHINERY

3. 2. 88                                Official Journal of the European Communities                                 No C 2 9 / 1
                                                                 II
                                                        (Preparatory Acts)
                                                    COMMISSION
                 Proposal for a Council Directive on the approximation of the laws of the Member States
                                                      relating to machinery
                                                        COM(87) 564 final
                            (Submitted by the Commission to the Council on 22 December 1987)
                                                           (88/C 29/01)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                Article 118A of the Treaty, regarding the use of
                                                                        machinery and organization of safety of workers in
Having regard to the Treaty establishing the European                   the working environment;
Economic Community, and in particular Article 100A
thereof,
                                                                    (4) Whereas the machinery sector is an important part of
Having regard to the proposal from the Commission,                      the engineering industry and is one of the industrial
                                                                        mainstays of the Community economy;
In cooperation with the European Parliament,
Having regard to the opinion of the Economic and Social             (5) Whereas paragraphs 65 and 68 of the White Paper on
Committee,                                                              the completion of the internal market, approved by
                                                                        the European Council in June 1985, provide for a new
(1) Whereas Member States have the responsibility of                    approach to legislative harmonization;
     ensuring the health and safety on their territory of
     their people and, where appropriate, of domestic
     animals and goods and, in particular, of workers               (6) Whereas the social cost of the large number of
     notably in relation to the hazards arising out of the use          accidents caused directly by the use of machinery can
     of machinery;                                                      be reduced by inherently safe design and construction
                                                                        of machinery and by proper installation and mainten-
                                                                        ance;
(2) Whereas, in the Member States, the legislative systems
     regarding accident prevention are very different;
     whereas the relevant compulsory provisions,                    (7) Whereas the field of application of the Directive must
     frequently supplemented by de facto mandatory                      be based on a general definition of the term
     technical specifications and/or voluntary standards,               'machinery' so as to allow the technical development
     do not necessarily lead to different levels of health and          of products; whereas the development of 'complex
     safety, but nevertheless, owing to their disparities,              installations' and the hazards they involve are of an
     constitute barriers to trade within the Community;                 equivalent nature and their express inclusion in the
     whereas, furthermore, conformity certification and                 Directive is therefore justified;
     national certification systems for machinery differ
     considerably;
                                                                    (8) Whereas it is now envisaged to draw up specific
(3) Whereas existing national health and safety provisions              Directives containing design and construction provi-
     providing protection against the hazards caused by                 sions for certain categories of machinery; whereas the
     machinery must be approximated to ensure free                      very broad scope of the Directive must be limited in
     movement of machinery without lowering existing                    relation to these Directives and also existing Directives
     justified levels of protection in the Member States;               where they contain design and construction provi-
     whereas the provisions of this Directive concerning                sions;
     the design and construction of machinery, shall be
     accompanied by specific provisions concerning the
     prevention of certain hazards to which workers can be          (9) Whereas Community law, in its present form,
     exposed at work, as well as by provisions, based on                provides — by derogation to one of the fundamental
 ---pagebreak--- No C 29/2                               Official Journal of the European Communities                                   3. 2. 88
     rules of the Community, namely the free movement of                either or both of these bodies, on the basis of a remit
     goods — that obstacles to movement within the                      from the Commission in accordance with the provi-
     Community, resulting from disparities in national                  sions of Council Directive 83/189/EEC of 28 March
     legislation relating to the marketing of products, must            1983 laying down a procedure for the provision of
     be accepted in so far as such requirements can be                  information in the field of technical standards and
     recognized as being necessary to satisfy imperative                regulations (') and on the basis of the general
     requirements; whereas, therefore, the harmonization                guidelines referred to above;
     of laws in this case must be limited only to those
     requirements necessary to satisfy the imperative
     requirements and essential health and safety require-
     ments relating to machinery; whereas these require-           (14) Whereas, while awaiting the adoption of harmonized
     ments must replace relevant national requirements                  standards within the meaning of this Directive,
     because they are essential;                                        conformity to the essential requirements and the free
                                                                        movement of machinery should be facilitated by the
                                                                        acceptance, at Community level, of products conform-
                                                                        ing to the national standards adopted, on a temporary
(10) Whereas the essential health and safety requirements               basis, with the aid of a Community checking
     must be observed in order to ensure that machinery is              procedure to ensure that national standards satisfy the
     safe; wheres these requirements must be applied with               essential requirements of this Directive; whereas to
     discernment to take account of the state of the art at             this end, in view of the general and horizontal role of
     the time of construction and technical and economic                the committee set up by Article 5 of Directive 83/189/
     requirements;                                                      EEC in Community standardization policy, and more
                                                                        particularly its role in the preparation of standardi-
                                                                        zation remits and the operation of the standstill
(11) Whereas the use of machinery within the meaning of                 procedure in European and national standardization,
     this Directive can relate only to the use of the                   that committee was set up in order to assist the
     machinery itself as intended by the manufacturer;                  Commission in carrying out Community checks of the
     whereas this does not preclude the laying down of                  conformity of national standards; whereas both sides
     conditions of use external to the machinery, provided              of industry must be properly consulted, particularly
     that it is not therefore modified in a way not specified           labour organizations concerning the standardization
     in this Directive;                                                 and management work relating to this Directive;
(12) Whereas, for trade fairs, exhibitions, etc. it must be        (15) Whereas, as is currently the practice in Member States,
     possible to exhibit demonstration machinery which,                 manufacturers should retain the responsibility for
     for the needs of the demonstration, do not conform to              certifying the conformity of their machinery to the
     the Directive; whereas, however, the persons con-                  relevant essential requirements; whereas conformity
     cerned should be properly informed of such non-                    to harmonized standards creates a presumption of
     conformity and that such machinery cannot be                       conformity to the relevant essential requirements;
     purchased in that condition;                                       whereas it is left to the sole discretion of the
                                                                        manufacturer, where he feels the need, to have his
                                                                        products examined and certified by a third party;
(13) Whereas, therefore, this Directive defines only the
     essential health and safety requirements of general
      application, supplemented by a number of more
      specific requirements for certain categories of ma-          (16) Whereas it is necessary not only to ensure free
      chinery ; whereas, in order to help manufacturers to              movement, putting into service and use of machinery
      prove conformity to these essential requirements, it is           bearing the EC mark and having an EC conformity
      desirable to have standards harmonized at European                certificate; whereas it is necessary to ensure free
      level for prevention of hazards arising out of the                movement of machinery not bearing the EC mark
      design and construction of machinery and in order to              where it is to be incorporated into other machinery or
      allow conformity to the essential requirements to be              assembled with other machinery to form a complex
      inspected; whereas these standards harmonized at                  installation; whereas nevertheless such machinery
      European level are drawn up by private-law bodies                 cannot be put into service or use until it has been
      and must retain their non-binding status; whereas, for            certified for conformity since, in the absence of the EC
      this purpose, the European Committee for Standardi-               mark, it must be regarded as not ready for use;
      zation (CEN) and the European Committee for
      Electrotechnical Standardization (Cenelec) are the
      bodies recognized as competent to adopt harmonized           (17) Whereas the Member States' responsibility for safety,
      standards in accordance with the general guidelines               health and the other aspects covered by the essential
      for cooperation between the Commission and these                   requirements on their territory must be recognized in a
      two bodies signed in 13 November 1984; whereas,
      within the meaning of this Directive, a harmonized
      standard is a technical specification (European
      standard or harmonization document) adopted by               (!) OJ No L 109, 26. 4. 1983, p. 8.
 ---pagebreak--- 3. 2. 88                                Official Journal of the European Communities                                No C 29/3
      safeguard clause providing for adequate Community                                        Article 2
     protection procedures;
(18) Whereas the addressees of any decision taken under            1. Member States shall take all appropriate measures to
      this Directive must be informed of the reasons for such      ensure that machinery as referred to in Article 1 may be
      a decision and the means of appeal open to them;             placed on the market and put into service and use only if it
                                                                   does not endanger the health or safety of persons, and
(19) Whereas the measures aimed at the gradual establish-          where necessary, domestic animals or property, when
      ment of the internal market must be adopted by 31            properly installed, and maintained and used for its intended
      December 1992; whereas the internal market consists          purpose.
      of an area without internal frontiers within which the
      free movement of goods, persons, services and capital
      is guaranteed,                                               2. The provisions of the Directive shall not affect
                                                                   Member States' entitlement to lay down, with due
                                                                   observance of the Treaty, such requirements as they may
HAS ADOPTED THIS DIRECTIVE:                                        deem necessary to ensure that workers are protected when
                                                                   using the machinery in question, provided that this does not
                                                                   mean that the machinery is modified in a way not specified
                                                                   in the Directive.
                         CHAPTER I
                                                                   3. Inspections carried out by Member States in the
Scope, placing on the market and freedom of movement               exercise of their obligations under the first paragraph of
                                                                   this Article shall be limited to the provisions of this
                                                                   Directive.
                           Article 1
                                                                   4. At trade fairs, exhibitions, etc. Member States shall not
1. This Directive applies to machinery and lays down               prevent the showing of demonstration machinery which,
essential safety requirements thereof.                             for the needs of the demonstration, does not conform to the
                                                                   provisions of this Directive, provided that an appropriate
2. For the purposes of this Directive, 'machinery' means           sign clearly indicates that such machinery does not conform
an assembly of mechanically linked parts or components, at         and that it is not for sale until it has been brought into
least one of which moves, with the appropriate actuators,          conformity by the manufacturer or his authorized
control and power circuits, etc., joined together for a            representative established in the Community.
specific application.
The term 'machinery' also covers complex installations,
namely an assembly of machines and equipment which, in                                         Article 3
order to achieve the same end, are arranged and controlled
so that they function as an integral whole.
                                                                   Machinery as referred to in Article 1 of this Directive shall
3. The following are excluded from the scope of this               satisfy the essential safety requirements set out in Annex I.
Directive:
— mobile site equipment,
                                                                                               Article 4
— lifting equipment,
— mobile agricultural and forestry equipment,
                                                                   1. Member States shall not prohibit, restrict or impede
                                                                   the placing on the market, putting into service or use on
— machinery for working wood and similar materials,
                                                                   their territory of machinery which complies with the
                                                                   provisions of this Directive, bears the EC mark and is
— machinery whose only power source is directly applied
                                                                   accompanied by the EC declaration of conformity.
    manual effort,
— machinery designed and constructed for medical use,              2. Member States shall not prohibit, restrict or impede
                                                                   the placing on the market of machinery, even where no EC
— means of transport and machinery specifically designed           mark is affixed, which is intended to be incorporated into
   to equip or propel them,                                        machinery or assembled with other machinery to constitute
                                                                   machinery within the meaning of Article 1. Member States
— all machinery corresponding to the above definition and          shall not, however, permit the putting into service or use of
   covered by an EEC Directive containing technical                such machinery unless the machinery within the meaning of
   design and construction requirements relating to health         Article 1 has been declared to be in conformity with the
   and safety in respect of the hazards covered by such a          provisions of the Directive and the EC mark has been
   Directive.                                                      affixed.
 ---pagebreak--- No C 29/4                               Official Journal of the European Communities                                      3. 2. 88
                           Article 5                               If the Commission or Member State considers that a
                                                                   national standard no longer satisfies the necessary
1. Member States shall presume conformity with the                 conditions for presumption of conformity with the
essential safety requirements referred to in Article 3 in          essential safety requirements referred to in Article 3, the
respect of machinery bearing the EC mark and ac-                   Commission shall consult the Committee. Upon receipt of
companied by an EC declaration of conformity.                      the latter's opinion, the Commission shall inform the
                                                                   Member States whether or not the standard in question
2. Where a national standard transposing a harmonized              shall continue to enjoy presumption of conformity and, if
standard, the reference for which has been published in the        not, whether it must be withdrawn from the publications
Official Journal of the European Communities, covers one           referred to in Article 5 paragraph 4.
or more of the essential safety requirements, machinery
constructed in accordance with this standard shall be                                           Article 7
presumed to comply with the relevant essential require-
ments.                                                             1. Where a Member State ascertains that machinery
                                                                   bearing the EC mark and used in accordance with its
Member States shall publish the references of national             intended purpose is liable to endanger the safety of persons,
standards transposing harmonized standards.                        domestic animals or property, it shall take all appropriate
                                                                   measures to withdraw such machinery from the market,
3. In the absence of harmonized standards, the national            prohibit its placing on the market, putting into service or
standards referred to in paragraph 4 shall create the same         use, or restrict its free movement.
presumption of conformity.
                                                                   The Member State shall immediately inform the Commis-
4. Member States shall communicate to the Commission               sion of any such measure, indicating the reasons for its
the texts of their national standards which they consider to       decision and, in particular, whether non-conformity is due
conform to one or more essential safety requirements. The          to:
Commission shall forward such texts forthwith to the other
Member States. In accordance with the procedure provided           (a) failure to satisfy the essential requirements referred to in
for in Article 6 paragraph 2, it shall notify the Member               Article 3,
States of those national standards in respect of which there
is presumption of conformity with the essential require-           (b) incorrect application of the standards referred to in
ments.                                                                 Article 5,
                                                                   (c) shortcomings in the standards referred to in Article 5
Member States shall publish the reference number of those
                                                                       themselves.
standards. The Commission shall also publish these
references in the Official Journal of the European                 2. The Commission shall enter into consultation with the
Communities.                                                       parties concerned without delay. Where the Commission
                                                                   considers, after this consultation, that the action is justified
                                                                   it shall immediately so inform the Member State which
                           Article 6                               took the initiative and the other Member States. Where the
                                                                   decision referred to in paragraph 1 is based on a
1. Where a Member State or the Commission considers                shortcoming in the standards, and where the Member State
that the harmonized standards referred to in Article 5             at the origin of the decision maintains its position, the
paragraph 2 do not entirely satisfy the essential require-         Commission shall immediately inform the Committee in
ments referred to in Article 3, the Commission or the              order to initiate the procedures referred to in Article 6.
Member State concerned shall bring the matter before the
Standing Committee set up under Directive 83/189/                  3. Where machinery which does not comply bears the EC
EEC (1), hereinafter referred to as 'the Committee', giving        mark, the competent Member State shall take appropriate
the reasons therefor. The Committee shall deliver an               action against whomsoever has affixed the mark and shall
opinion without delay.                                             so inform the Commission and the other Member States.
Upon receipt of the Committe's opinion, the Commission             4. The Commission shall ensure that the Member States
shall inform the Member States whether or not it is                are kept informed of the progress and outcome of this
necessary to withdraw those standards from the publi-              procedure.
cations referred to in Article 5 paragraph 2.
2. After receipt of the communication referred to in                                          CHAPTER II
Article 5 paragraph 4 the Commission shall consult the
Committee. Upon receipt of the latter's opinion, the                                    Certification procedure
Commission shall, within one month, inform the Member
States whether or not the national standard in question
shall enjoy presumption of conformity and, if so, whether                                       Article 8
the references thereof must be published nationally.
                                                                   The manufacturer, or his authorized representative
                                                                   established in the Community, in order to certify the
(') OJ No L 109, 26. 4. 1983, p. 8.                                conformity of machinery to the terms of this Directive:
 ---pagebreak--- 3. 2. 88                                  Official Journal of the European Communities                               No C 29/5
(a) before placing on the market, shall draw up documen-                                      CHAPTER III
    tation comprising:
                                                                                                EC mark
    (i) a technical construction file composed of:
          — an overall drawing of the machinery together
              with the drawings of the control circuits,                                        Article 9
          — full detailed drawings, accompanied by any               1. The EC mark shall consist of the symbol 'CE' in
              calculation notes, test results, etc., required to     conformity to the model given in Annex III followed by the
              construct the machinery,                               last two digits of the year in which the mark was affixed.
           — a list of:                                              2. The EC mark shall be affixed to machinery in
                                                                     accordance with point 1.7.3 of Annex I.
              — essential requirements of this Directive,
              — other texts of regulations, and                      3. The affixing to machinery of marks or inscriptions that
                                                                     are likely to be confused with the EC mark shall be
              — standards,                                           prohibited.
              which were used when the machinery was
              designed'
                                                                                              CHAPTER IV
           — a description of the methods adopted to
              eliminate hazards presented by the machinery,
                                                                                            Final provisions
           — if desired, all technical reports or certificates
              obtained from a competent body,
                                                                                               Article 10
           — a copy of the instruction handbook for the
               machinery;                                            Any decision taken by a Member State pursuant to this
     (ii) for series manufacture, internal measures which            Directive shall state the exact grounds on which it is based.
                                                                     Such a decision shall be notified as soon as possible to the
           will be implemented to ensure that the machinery
                                                                     party concerned, who shall at the same time be informed of
           remains in conformity with the provisions of the
                                                                     the legal remedies available to him under the laws in force
           Directive;
                                                                     in the Member State in question and of the time limits to
     (iii) for series manufacture, the same documentation            which such remedies are subject.
           shall serve for all machinery of the same type.
(b) when the machinery is manufactured and conforms to                                          Article 11
    the relevant essential safety requirements, shall issue an
    EC declaration of conformity for each of the machines             1. Member States shall bring into force the laws,
    based on the model given in Annex II and shall affix to          regulations and administrative provisions necessary in
    the machinery the EC mark referred to in Article 9.              order to comply with this Directive by 1 January 1989 at
                                                                     the latest. They shall forthwith inform the Commission
    The documentation referred to under point (a) above              thereof.
     shall be retained by the manufacturer or his authorized
     representative established in the Community for at least        They shall apply these provisions with effect from 1
     10 years beyond the date of manufacture of the                  January 1991.
     machinery or of the last unit produced in the case of
     series manufacture.                                             2. Member States shall ensure that the texts of the
                                                                     provisions of national law which they adopt in the field
Where neither the manufacturer nor his authorized                    covered by the Directive are communicated to the
representative is established in the Community, the                  Commission.
abovementioned obligations to keep documentation
available shall fall to any person placing the machinery on
the market in the Community. The same obligations shall                                         Article 12
apply to anyone assembling machinery or parts therof of
various origins or constructing machinery for his own use.           This Directive is addressed to the Member States.
 ---pagebreak--- No C 29/6                       Official Journal of the European Communities                                            3. 2. 88
                                                      ANNEX I
                                        PRELIMINARY OBSERVATIONS
          1.     The obligations laid down by the essential safety requirements apply only when the
                 corresponding hazard exists for the machinery in question. Requirements 1.1.2, 1.7.3 and 1.7.4
                 apply to all machinery covered by this Directive.
          2.     Where, for imperative reasons, the obligations laid down by one or more essential safety
                 requirements cannot be satisfied, compensatory measures must be taken to ensure an equivalent
                 final level of safety.
          1.     ESSENTIAL SAFETY REQUIREMENTS RELATING TO DESIGN AND CONSTRUCTION
                 APPLYING T O ALL MACHINERY COVERED BY THE DIRECTIVE
          1.1.   General remarks
          1.1.1.  Definitions
                 For the purpose of this Directive:
                 a) 'danger zone' shall mean any zone within and/or around working machinery in which an
                     exposed person (or a part of his body or clothing) is subject to a hazard to his health or safety;
                 b) 'exposed person' shall mean any person in a danger zone;
                 c) 'operator' shall mean the exposed person or persons given the task of installing, operating,
                     adjusting, maintaining, repairing or transporting machinery.
          1.1.2. Principles of safety integration
                 (a) When designing and constructing machinery, the manufacturer must identify risks of
                     accidents, assess health hazards and, taking account of technical progress, select the best
                     methods of eliminating or minimizing them.
                     This must cover the whole lifetime of the machinery, from construction to final dismantling.
                 (b) In selecting the most appropriate methods, the manufacturer must apply the following
                     principles, in the order given :
                     — eliminate or reduce risks as far as possible (inherently safe machinery design and
                         construction),
                     — take the necessary protection measures in relation to hazards that cannot be eliminated,
                     — inform users of the residual risks due to any shortcomings of the protection measures
                         adopted.
                 (c) When designing and constructing machinery, and when drafting the instruction handbook,
                     the manufacturer must design and implement safety features of a quality equivalent to the
                     other functions of the machinery.
                 (d) When designing and constructing machinery, and when drafting the instruction handbook,
                     the manufacturer must envisage not only the normal use of the machinery but also uses which
                     could reasonably be expected. The manufacturer must therefore envisage the hazards present
                     during the normal use of the machine and also those due to a foreseeable abnormal situation
                     (e.g. hazards due to reflex action or to machinery malfunction). The manufacturer must also
                     envisage ways of using the machinery which can be habitually practised even though not
                     intended. Consequently the instruction handbook should, if necessary, draw attention to
                     ways in which the machinery should not be used.
                 (e) Under the planned conditions of use, the discomfort, fatigue and psychological stress faced
                     by the operator must be reduced to the minimum possible taking ergonomic rules into
                     account.
 ---pagebreak--- 3. 2. 88                       Official Journal of the European Communities                                        No C 29/7
                (f) When designing and constructing machinery, the manufacturer must take account of the
                    constraints to which the operator is subject due to the necessary or foreseeable use of
                    personal protection equipment (such as footwear, gloves, etc.).
         1.1.3. Materials and products
                The materials used to construct machinery or products used and created during its use must not
                endanger exposed persons' safety or health.
                In particular, where fluids are used, machinery must be designed and constructed for use without
                hazards due to filling, use, recovery or draining.
         1.1.4.  Lighting
                Machinery must be designed and constructed so that the working area is properly lit for the
                operations to be carried out therein, under normal ambient lighting conditions.
                The manufacturer must ensure that there is no area of shadow likely to cause nuisance, that there
                is no irritating dazzle and that there are no stroboscopic effects due to the lighting provided by
                the manufacturer.
                Internal parts requiring frequent inspection, and adjustment and maintenance areas, must be
                provided with appropriate lighting.
         1.1.5. Design of machinery for handling purposes
                Machinery or component parts thereof must:
                — be capable of being installed and removed without risk,
                — be packed or designed so that it can be stored without damage or risk (e.g. adequate stability,
                  . special supports, etc.).
                Where the weight, size or shape of machinery or its various component parts prevents them from
                being moved by hand, the machinery or each component part must:
                — be fitted with attachments for lifting gear,
                — be designed so that they can be fitted with such attachments (e.g. threaded holes),
                — or be shaped in such a way that standard lifting gear can easily be attached.
                Where machinery or one of its component parts is to be moved by hand, it must:
                — either be easily movable,
                — or be equipped for picking up (e.g. hand-grips, etc.) and moving in complete safety.
                Special arrangements must be made for the handling of tools and/or machinery parts, even if
                lightweight, which could be dangerous (shape, material, etc.).
         1.2.    Controls
         1.2.1. Safety and reliability of controls
                Controls must be reliable in operation.
                They must be designed and constructed so as to:
                — avoid all undetectable failures,
                —— use as far as possible devices with a positive action,
                — rule out reasonably foreseeable tampering.
 ---pagebreak--- ^OCP^^                 0^icial]onrnaloir^^nror^^nComrnanine^
       eontrol devices must be
       — clearly visible and identifiable and appropriately marked where necessary,
       — positioned for safe operationwithout hesitation or loss of time, and without ambiguity,
       — designed sothat the movementof the control is consistent with its effect,
       — located outside dangerous areas except for certain emergency stop controls where necessary,
       — positioned so that their operation cannot cause additional hazard,
       — designed or protected so that the desired effect,whereaha^ard is involved,cannot occur
              without an intentional operation
       Whereacontrol is designed and constructed to perform several different actions,namely where
       there is no onetoonecorrespondence^e.g.keyboards,etc.^,the action to be performedmust be
       clearlydisplayed and subject to confirmationwhere necessary.
       eontrols must be so arranged that their layout, travel, mechanical strength and resistance to
       operation are compatible with the action to be performed, taking account of ergonomic
       principles eonstramt due to the necessary or foreseeable use of personal protection equipment
       n u c h a s footwear, gloves,etc.^must be taken into account.
       t^rom the control position the operator must be able to read the mdicators^dials,signals,etc.^as
       required to performoperations safely
       r h e operator must be able to supervise all the dangerous areasofthe machinery from the control
       position either directly or,for example,by using mirrors,cameras and monitor screens,etc.lf
       this is impossible the control systemmust be designed and constructed so thatawarning signal is
       given whenever the machinery is about to start.
       Itmust be possible to start machinery,restart it afterastoppageforwhatever reason,or makea
       significant change in the speed only by voluntary action ofacontrol provided for the purpose,
       except in the case of the normal operation of an automatic device.
       Where machinery has several starting controls and the operators can therefore put each other in
       danger, additional steps must be taken to rule out s u c h a h a ^ a r d
       t^ach work station must be fitted withacontrol to stop some or all of the moving parts of the
       machinery
       Where there are several operators, steps must be taken to ensure that stoppage of the machine by
       one operator does not p l a c e h i m o r the other operators in danger
       Themachmery^sstop control must have p n o n t y o v e r the start controls.
       If the normal stopping time is too long to terminate certain incidents or situations which could
       lead to anaccident,onf an emergencysituation requires special action,machinery must be fitted
       with an emergency stop.
       r h i s device must
       — have clearly visible and c^uicklyaccessible controls,
       — stop the dangerous process as c^uicklyas possible,
       — set off or enable certain safeguard movements where necessary.
 ---pagebreak--- 3. 2. 88                       Official Journal of the European Communities                                            No C 29/9
                The emergency stop control must remain engaged; it must be possible to disengage it only by an
                appropriate operation; disengaging the control must not restart the machinery, but only enable
                restarting.
                                                       Complex     installations
                In the case of machinery or parts of machinery designed to work together, the manufacturer must
                so design and construct the machinery that the stop controls, including the emergency stop, can
                stop not only the machinery itself but also all equipment upstream and/or downstream if its
                continued operation can be dangerous.
         1.2.5. Mode selection
                If machinery has been designed and built to allow for its use in several control or operating modes
                presenting different safety levels (e.g. to allow for adjustment, maintenance, inspection, etc.), it
                must be fitted with a mode selector which can be locked in each position. Each position of the
                selector must correspond to a single operating or control mode.
                The selector may be replaced by another selection method which restricts the use of certain
                functions of the machinery to certain categories of operator (e.g. access codes for certain
                numerically controlled functions, etc.).
                If, for certain operations, the machinery must be able to operate with its protection devices
                neutralized, the mode selector must simultaneously:
                — disable the automatic control mode,
                — enable movements only by controls requiring sustained action,
                — enable the operation of dangerous moving parts only in enhanced safety conditions (e.g.
                     reduced speed, reduced power, step-by-step, etc.).
         1.2.6. Failure of the control circuit and/or power-supply       circuit
                The interruption, re-establishment after an interruption or fluctuation in whatever manner of
                the power supply to the machinery must not lead to a dangerous situation.
                Similarly a fault in the control circuit logic, failure of or damage to the control circuit and/or
                power-supply circuit must not lead to a dangerous situation.
         1.3.   Protection against mechanical hazards
         1.3.1.  Stability
                Machinery, components and fittings thereof must be so constructed that they are stable enough,
                under the intended operating conditions, for use without risk of overturning, falling or
                unforseeable movement.
                If the shape of the machinery itself or its intended installation does not offer sufficient stability,
                appropriate means of anchorage must be incorporated and indicated in the instruction
                handbook.
         1.3.2. Risk of break-up during operation
                The various parts of machinery and their linkages must be able to withstand the stresses to which
                they are subject when used as intended by the manufacturer.
                The durability of the materials used must be adequate for the nature of the workplace intended
                by the manufacturer, in particular as regards the phenomena of fatigue, ageing, corrosion and
                abrasion.
                The manufacturer must indicate in the instruction handbook the part or parts needing
                replacement for safety reasons and the criteria for such replacement.
                Where a risk of rupture or disintegration remains despite the measures taken (e.g. as with
                grinding wheels) the moving parts must be mounted and positioned is such a way that in case of
                rupture their fragments will be contained.
 ---pagebreak--- No C 29/10                       Official Journal of the European Communities                                          3. 2. 88
                  Both rigid and flexible pipes carrying fluids, particularly those under high pressure, must be able
                  to withstand the intended internal and external stresses and must be firmly attached and/or
                  protected against all manner of stresses and strains; precautions must be taken to ensure that no
                  hazard is posed by a rupture (sudden movement, high-pressure jets, etc.).
                  Where the material to be processed is fed to the tool automatically, the following conditions must
                  be fulfilled to avoid the hazards of tool breakage:
                  — when the workpiece comes into contact with the tool the latter must have attained its normal
                      working conditions,
                  — when the tool stops (intentionally or accidentally) the feed movement must stop in a time
                      compatible with the tool stopping time.
           1.3.3. Hazards due to falling objects
                  Precautions must be taken to prevent objects (e.g. workpieces, tools, etc.) falling or being ejected
                  in a hazardous manner.
           1.3.4. Hazards due to surfaces, edges or angles
                  Machinery must have no acute angles, sharp edges or rough surfaces likely to cause injury.
                  This does not apply to cutting tools essential to the operation of the machine.
           1.3.5. Prevention against hazards related to moving parts
                  The moving parts of machinery must be designed, built, laid out or at least provided with guards
                  or protective devices in such a way as to prevent all risk of contact which could lead to accidents.
           1.3.6. Choice of protection against hazards related to moving parts
                  Guards or protective devices used to protect against the hazards related to moving parts must be
                  selected on the basis of the type of hazard. Guards or protective devices must not themselves
                  cause hazards. The following guidelines should be used to help make the choice.
                  A. M o v i n g t r a n s m i s s i o n   parts
                      Guards designed to protect exposed persons against the hazards associated with moving
                      transmission parts (such as pulleys, belts, gears, propeller shafts, etc.) must be:
                      — either fixed, complying with requirment 1.4.1,
                      — or removable, complying with requirement 1.4.2.
                      Removable guards should be used where frequent access is anticipated.
                  B. M o v i n g p a r t s d i r e c t l y i n v o l v e d in t h e p r o c e s s
                      Guards or protective devices designed to protect exposed persons against the hazards
                      associated with other moving parts (such as cutting tools, moving parts of presses, cylinders,
                      etc.) must be:
                      — wherever possible fixed guards complying with requirement 1.4.1,
                      — failing this guards or protective devices complying with requirement 1.4.3.
                      However, when certain moving parts directly involved in the process cannot be made
                      completely or partially inaccessible during operation owing to operations requiring nearby
                      operator intervention, where technically possible such parts must be fitted with:
                      — fixed guards, complying with requirement 1.4.1, preventing access to those sections of the
                          parts that are not used in the work,
                      — adjustable guards, complying with requirement 1.4.4, restricting access to those sections
                          of the moving parts that are strictly necessary for the work.
 ---pagebreak--- 3 . 2. 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 29/11
          1.4.   Required characteristics of guards and protective devices
          1.4.1. Fixed guards
                 Fixed guards must:
                 — be of robust construction,
                 — be securely held in place.
                 They must be fixed by systems that can be opened only with tools.
                 Where possible, guards must be unable to remain in place without their fixings.
          1.4.2. Removable     guards
                 Removable guards must:
                 — be of robust construction,
                 — as far as possible remain fixed to the machinery when open,
                 — be associated with a locking device to prevent moving parts starting up as long as these parts
                     can be accessed and to give a stop command whenever they are no longer closed.
          1.4.3. Guards and protective devices
                 Guards and protective devices such as:
                 — fixed guards,
                 — removable guards,
                 — sensing devices (sensor mats, non-material barriers, etc.),
                 — two-hand controls, etc.,
                 must be designed and incorporated into the control system so that:
                 — moving parts cannot start up while they are within the operator's reach,
                 — the operator cannot reach moving parts during operation: namely guards must not open
                     before the moving parts have stopped (interlocking device), sensing devices must be
                     sufficiently far away from the moving parts so that they have stopped before they can be
                     reached, etc.,
                 — they can be adjusted only by means of an intentional action, such as the use of a tool, key, etc.,
                 — the absence or failure of one of their components prevents starting or stops the moving parts,
                 — protection against any ejection hazard is provided by means of an appropriate barrier.
          1.4.4. Adjustable guards restricting access
                 Adjustable guards restricting access must:
                 — be of robust construction,
                 — be adjustable manually or automatically according to the type of work involved,
                 — be readily adjustable without the use of tools,
                 — reduce as far as possible the risk of ejection.
                 The operation and use of these guards must not entail any additional hazard or impede the view
                 of work in progress; nor must their removal be necessary for normal production and
                 maintenance.
 ---pagebreak--- No C 29/12                              Official Journal of the European Communities                                           3. 2. 88
           1.5.          Protection against other hazards
           1.5.1.        Electricity supply
                         Where machinery has an electricity supply it must be designed, constructed and equipped so that
                         all hazards of an electrical nature are or can be prevented.
           1.5.2.        Static electricity
                         Machinery must be so designed and constructed as to prevent or limit the build-up of potentially
                         dangerous electrostatic charges and/or be fitted with a discharging system.
           1.5.3.        Hydraulic, pneumatic or thermal energy
                         Where machinery is powered by hydraulic, pneumatic or thermal energy, it must be so designed,
                         constructed and equipped as to avoid all potential hazards associated with these types of energy.
           1.5.4.        Extreme     temperatures
                         Steps must be taken to eliminate any risk of injury caused by contact with or proximity to
                         machinery parts or materials at high or very low temperatures.
                         The risk of hot or very cold material being ejected should be assessed. Where this hazard exists,
                         the necessary steps must be taken to prevent it or, if this is not technically possible, to render it
                         non-dangerous.
           1.5.5.        Fire
                         Machinery must be designed and constructed to avoid all risk of fire posed by the machinery
                         itself or by gases, liquids, dusts, vapours or other substances produced or used by the machinery.
           1.5.6.          Explosion
                         If the manufacturer anticipates the use of the machinery in a potentially explosive atmosphere, it
                         must be designed and constructed to avoid all risk of explosion.
                         The same precautions must be taken if the dusts, gases, vapours or other waste materials
                         produced by the machinery are liable to create a potentially explosive atmosphere within or
                         around the machine.
                         Furthermore, electrical equipment forming part of the machinery must conform, as far as
                         explosion hazards are concerned, to the provisions of Directives 76/117/EEC (J) and 79/116/
                         EEC (2), as amended by Directive 84/47/EEC (3), in ordinary cases, and Directive 82/130/
                         EEC (4) where used in mines susceptible to firedamp.
           1.5.7.         Noise
                         Machinery must be so designed and constructed that hazards resulting from the emission of
                         airborne noise are reduced to the lowest level reasonably practicable taking account of technical
                         progress and the availability of measures to control noise, in particular at source.
           1.5.8.          Vibration
                         Machinery must be so designed and constructed that hazards resulting from vibrations produced
                         by the machinery are reduced to the lowest level reasonably practicable taking account of
                         technical progress.
           (!)  OJ No L 24, 30. 1. 1976, p. 45.
           (2)  OJ No L 43, 20. 2. 1979, p. 20.
           (3)  OJ No L 31, 2. 2. 1984, p. 19.
           (4)  OJ No L 59, 2. 3. 1982, p. 10.
 ---pagebreak--- 3. 2. 88                       Official Journal of the European Communities                                            No C 29/13
         1.5.9.   Radiation
                 The manufacturer must ensure that any emission of electromagnetic, ionizing or other radiation
                 is limited to the extent necessary for the operation of the machinery and that the effects on
                 exposed persons are non-existent or reduced to non-dangerous proportions.
         1.5.10. Emissions of dust, gases, etc.
                 Machinery must be so designed, constructed and/or equipped that hazards due to gases, liquids,
                 dust, vapours and other waste materials which it produces can be avoided.
                 Where a hazard exists, the machinery must be so equipped that the said substances can be
                 collected and/or evacuated.
                 Where machinery is not enclosed during normal operation, the devices for collection or
                 evacuation must be situated as close as possible to the source of emission.
         1.6.     Maintenance
         1.6.1.  Machinery     maintenance
                 Adjustment, lubrication and maintenance points must be located outside danger zones. It must
                 be possible to carry out adjustment, maintenance, repair and servicing operations while
                 machinery is at a standstill.
                 If one or more of the above conditions cannot be satisfied for technical reasons, these operations
                 must be possible without risk (see 1.2.5).
                 Errors likely to be made when fitting or refitting certain parts which could be a source of hazard
                 must be made impossible by the design of such parts or, failing this, by information given on the
                 parts themselves and/or the housings. The same information must be given on moving parts and/
                 or their housings where the direction of movement must be known to avoid a hazard. Any further
                 information that may be necessary must be given in the instruction handbook.
                 Where a faulty connection can be the sourceof hazards, incorrect fluid connections, including
                 electrical conductors, must be made impossible by the design or, failing this, by information
                 given on the pipes, cables, etc. and/or connector blocks.
         1.6.2.  Access to operating position and servicing points
                 The manufacturer must provide means of access (stairs, ladders, catwalks, etc.) to allow access in
                 complete safety to all areas used for production, adjustment and maintenance operations.
                 Parts of the machinery where persons are liable to move about or stand must be designed and
                 constructed to avoid falls.
         1.6.3.  Isolation of power sources
                 All machinery must be fitted with means to isolate it from all power sources.
                 Where an operator is unable, from any of the points to which he has access, to check that the
                 power is still cut off, it must be possible to lock out the relevant isolators.
                 After the power is cut off, it must be possible to dissipate normally any power remaining in the
                 circuits of the machinery, without risk to exposed persons.
                 As an exception to the above requirements, certain circuits may remain connected to their power
                 sources in order, for example, to hold parts, protect information, light interiors, etc. In this case,
                 special steps must be taken to ensure operator safety.
 ---pagebreak--- No C 29/14                            Official Journal of the European Communities                                         3. 2. 88
           1.7.         Indicators
           1.7.1.       Warning devices
                        Where machinery is equipped with warning devices (such as signals, etc.), these must be
                        unambiguous and easily perceived.
                        The operator must have facilities to check the operation of such warning devices at all times.
                        The requirements of Directive 77/576/EEC (l) concerning colours and safety signals must be
                        complied with.
           1.7.2.       Warning of residual risks
                        Where hazards remain despite all the measures adopted or in the case of potential hazards which
                        are not evident (e.g. electrical cabinets, radioactive sources, bleeding of a hydraulic circuit,
                        hazard in an unseen area, etc.), the manufacturer must provide warnings.
                        Such warnings should preferably use readily understandable pictograms and/or be drawn up in
                        one of the languages of the country in which the machinery is to be used, accompanied, on
                        request, by the languages understood by the operators.
           1.7.3.        Marking
                        All machinery must be marked legibly and indelibly with the following minimum particulars:
                        — name and address of the manufacturer,
                        — EC mark, which includes the year of construction (see Annex II),
                        — designation of series or type,
                        — serial number, if any.
                        Furthermore, where the manufacturer anticipates use in a potentially explosive atmosphere, this
                        must be indicated on the machinery.
                        Machinery must also bear full information relevant to its type and essential to its safe use (e.g.
                        maximum speed of certain rotating parts, maximum diameter of tools to be fitted, weight, etc.).
           1.7.4.       Instruction   handbook
                        (a) All machinery must be accompanied by an instruction handbook including at least the
                            following:
                            — a repeat of the information with which the machinery is marked (see 1.7.3),
                            — normal operating conditions,
                            — operating position(s) liable to be occupied by operators,
                            — instructions for safe:
                                — handling, giving the weight of the machinery and its various parts where they can be
                                    transported separately,
                                — installation,
                                — assembly,
                                — adjustment,
                                — maintenance (servicing and repair).
                            Where necessary, the handbook should draw attention to ways in which the machinery
                            should not be used.
                        (b) The instruction handbook should be drawn up by the manufacturer in one of the languages
                            of the country in which the machinery is to be used and should preferably be accompanied by
                            the same handbook drawn up in another Community language, such as that of the country in
                            which the manufacturer is established.
           (!) OJ No L 229, 7. 9. 1977, p. 12.
 ---pagebreak--- 3. 2. 88                                 Official Journal of the European Communities                                        No C 29/15
                          (c) The instruction handbook must contain the drawings and diagrams necessary for putting
                              into service, maintenance, inspection, checking of correct operation and, where appropriate,
                              repair of the machinery, and all useful instructions.
                          (d) The sales brochure describing the machinery must not contradict the instruction handbook
                              as regards safety aspects.
                          (e) Where necessary the instruction handbook must give the requirements relating to installation
                              and assembly for reducing noise or vibration (e.g. use of dampers, type and weight of
                              foundation block, etc.).
                          (f) The instruction handbook must give the following information concerning airborne noise
                              emissions by the machinery (actual value or value established on the basis of measurements
                              made on identical machinery):
                              — continuous A-weighted equivalent sound pressure level, at work stations, where this
                                  exceeds 70 dB(A); where this level does not exceed 70 dB(A), '70dB(A)' may be indicated,
                              — peak unweighted instantaneous sound pressure level, where this exceeds 63 Pa (130 dB in
                                  relation to 20 uPa),
                              — sound power level emitted by the machinery where the continuous A-weighted equivalent
                                  sound pressure level at work stations exceeds 80 dB(A).
                              Sound levels must be measured using either the normalized measuring code appropriate to
                              the machinery or, where such a code does not exist or is not used, a class 2 measuring code
                              (expert survey).
                              The operating conditions of the machinery during measurement, the measurement points
                              and the duration of measurements must be as specified in the applicable standard. If there is
                              no applicable standard, the operating conditions must correspond to one work cycle
                              representative of the normal use of the machinery.
                              Where the work station(s) are undefined or cannot be defined, sound pressure levels must be
                              measured at the envelope curve located one metre from the machinery at the point where the
                              level is highest.
                              The manufacturer should indicate what measurement methods have been used and the
                              conditions under which measurements have been made.
                          (g) If the manufacturer anticipates the use of the machinery in a potentially explosive
                              atmosphere, the instruction handbook must give all the necessary information.
                         ADDITIONAL ESSENTIAL SAFETY REQUIREMENTS FOR CERTAIN CATEGORIES OF
                         MACHINERY
         2.1.            Agri-foodstuffs machinery
                         In addition to the essential safety requirements set out in 1 above, where machinery is intended to
                         prepare and process foodstuffs (e.g. cooking, refrigeration, thawing, washing, handling,
                         packaging, storage, transport or distribution), the following hygiene rules must be observed:
                         (a) Materials in contact, or intended to come into contact, with the foodstuffs must satisfy the
                              conditions set down in the relevant Directives ( J ), and must be clean before each use.
                         (b) All surfaces including their joinings must be smooth, and must have neither ridges nor
                              crevices which could harbour organic materials.
         (J) Council Directive 76/893/EEC (OJ No L 340, 9. 12. 1976) (currently under revision) and specific Directives
              adopted in application thereof. Directive 76/893/EEC provides as follows:
              'Article 2
             Materials and articles must be manufactured in compliance with good manufacturing practice, so that,
              under their normal or foreseeable conditions of use, they do not transfer their constituents to foodstuffs in
             quantities which could:
             — endanger human health,
             — bring about an unacceptable change in the composition of the foodstuffs or a deterioration in the
                  organoleptic characteristics thereof.'
 ---pagebreak--- No C 29/16                      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                 3. 2. 88
                (c) Assemblies must be designed in such a way as to reduce projections, edges and recesses to a
                     minimum. They should preferably be made by welding or continuous bonding. Screws,
                     screwheads and rivets may not be used except where technically unavoidable.
                (d) All surfaces in contact with the foodstuffs must be easily cleaned and disinfected, where
                     possible after removing easily dismantled parts. The inside surfaces must have curves of a
                     radius sufficient to allow thorough cleaning.
                (e) Liquid deriving from foodstuffs as well as cleaning, disinfecting and rinsing fluids should be
                     able to be discharged from the machine without impediment (possibly in a 'clean' position).
                 (f) Precautions must be taken to prevent any insects or liquids entering inaccessible parts of
                     machinery.
                 (g) Machinery must be so designed and constructed that no lubricants other than edible
                     lubricants can come into contact with foodstuffs. Where necessary, continuing compliance
                     with this requirement must be checked regularly.
                                                           Instruction      handbook
                In addition to the information required in Section 1, the instruction handbook must indicate
                recommended products and methods for cleaning, disinfecting and rinsing (not only for easily
                accessible areas but also where areas to which access is impossible or inadvisable, such as piping,
                have to be cleaned in situ).
           2.2. Portable hand-held machinery and mobile hand-guided machinery
                In addition to the essential requirements set out in 1 above, portable hand-held machinery, as
                well as mobile hand-guided or hand-driven machinery which rests on a table, the ground or the
                material being worked upon, must conform to the following essential safety requirements:
                — It must have a supporting surface of sufficient size (for mobile machinery) and have a
                     sufficient number of handles and supports of an appropriate size and arranged to ensure the
                     stability of the machinery under the operating conditions envisaged by the manufacturer.
                — Except where technically impossible or where there is an independent control to allow the
                     handles to be released in complete safety, it must be fitted with start and stop controls
                     arranged in such a way that the operator can operate them without releasing the handles.
                — It must be designed, constructed or equipped to eliminate the hazards of accidental starting
                     and/or continued operation after the operator has released the handles. Equivalent steps
                     must be taken if this requirement is not technically feasible.
                — Portable hand-held machinery must be designed and constructed to allow, where necessary, a
                     visual check of the contact of the tool with the material being processed.
                Particular attention must be paid to reducing vibrations transmitted to the operator's arms to as
                low a level as reasonably practicable taking account of technical progress.
                                                           Instruction      handbook
                The instruction handbook must give the following information concerning vibrations
                transmitted by hand-held and hand-guided machinery:
                — equivalent acceleration to which the arms are subjected, where this exceeds 5 m/s 2 .
                The manufacturer must indicate measurement methods used and conditions under which
                measurements were made.
           2.3. Mobile machinery
                In addition to the essential safety requirements set out in 1 above, mobile machinery must satisfy
                the following requirements:
                (a) Access to driving or operating positions must be safe and easy.
 ---pagebreak--- 3. 2. 88               Official Journal of the European Communities                                     No C 29/17
         (b) The operator must have a stable operating position; where necessary it must be fitted with
             guard rails or grips and supports for the operator.
         (c) Machinery must be designed and constructed to allow the driver an adequate view of his
             route and to drive in complete safety.
         (d) Where the operator is expected to work on machinery, each operating position must either
             have a strong seat designed to avoid dangerous vibrations or be equipped with a device
             having the same effect.
         (e) Where necessary, machinery must be designed and constructed so that an anti-collision
             device stops it immediately if it touches an obstacle.
         (f) Where the driver does not ride on the machinery but walks with it, the speed of movement
             must be limited.
         (g) Where necessary, it must be equipped with a service and/or parking brake.
 ---pagebreak--- No C 29/18                              Official Journal of the European Communities                                      3. 2. 88
                                                            ANNEX II
                                                             MODEL
                                            EC DECLARATION OF CONFORMITY (')
           The manufacturer or his authorized representative established in the Community (2)
           declares that the new machinery described below
           complies with the regulations transposing Directive     .../EEC.
           Done at                                            , on
                                (Signature)
           (!) This declaration must be drawn up in the same language as the instruction handbook (see Annex I,
               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) Give the name and position of the person empowered to sign on behalf of the manufacturer or his authorized
               representative.
 ---pagebreak--- 3. 2. 88                           Official Journal of the European Communities                                          No C 29/19
                                                         ANNEX III
                                                    MODEL EC MARK
         This mark should be followed by the last two digits of the year of manufacture in characters of the same height
         and thickness as the above model.
         The EC mark must be at least 5 mm in height.