CELEX: 51991PC0167
Language: en
Date: 1991-05-17
Title: RE-EXAMINED PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING DIRECTIVE 89/392/EEC ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO MACHINERY

COMMISSION OF THE EUROPEAN COMVÏUNITIES
                                                C0M(91) 167          final  - SYN 233
                                                B r u s s e l s , 17 May 1991
                     Re-examined proposal               for a
                             COUNCIL DIRECTIVE
                amending D i r e c t i v e       89/392/EEC
            on t h e a p p r o x i m a t i o n of    the        laws   of
                         t h e Member          States
                     relating         to      machinery
     (presented by the Commission pursuant t o A r t i c l e               149.2(d)
                            of the EEC t r e a t y )
 ---pagebreak---                                  - 2 -
                       EXPLANATORY    MEMORANDUM
On  17 April 1991     Parliament     accepted   the  common     position
adopted   by  the  Council   on   13 December   1990  and    proposed   a
number of amendments.
This proposal    takes   into account     the amendments proposed by
Parliament   which   the Commission      considers  can   be   accepted.
The  annex   contains    the   amendments    proposed   by    Parliament
which   the  Commission    has   not   accepted,   together    with   its
opinion t her eon.
 ---pagebreak---                                           - 3 -
             Re-examined        proposai     for a Council       Directive
                         amending Directive           89/392/EEC
                     on  the approximation of           the   laws of
                                  the Member       States
                               relating     to machinery
In  view         of   the    opinion     on     the    proposal     for    a  Council
Directive         amending    Directive     89/392/EEC on        the   approximation
of  the      laws     of   the   Member     States      relating     to   machinery,2
adopted       by    the    European     Parliament,       on    second    reading  on
17 A p r i l , 1   the Commission       has    decided     to  amend    the  proposal
for a second          time as fol lows:
1.     The     third, fourth        and  fifth      indents of Article       1(5) are
       replaced        by   the  following:
       "Member         States    shall    apply      the   measures      in  question
       with       effect    from   1 January      1993, except       as  regards  the
       equipment          referred       to      in    Directives       86/295/EEC,3
       86/296/EEC4            and      86/663/EEC,5           for     which     these
       provisions         shall   apply    from     1 July   1994.
2      Common position           adopted     by   the Counci      on   13 December   1990, not
       pub I i shed.
1      Not yet pub I i shed.
3      OJ No L 186, 8.7.1986, p.                1.
4      OJ No L 186, 8.7.1986,              p. 10.
5      OJ No L 3 8 4 , 3 1 . 1 2 . 1 9 8 6 , p. 12.
 ---pagebreak---                                       -  4
2.    Furthermore,            Member      States       shall        allow      machinery
complying        with      the     national       regulations            in    force     on
their     territory        on    31   December       1992      to   be   marketed      and
put       Into      service          during        the       period         ending       on
31   December       1994.
With      effect       from       1 July     1994     Directives            86/295/EEC,
86/296/EEC           and       86/663/EEC          shall          not      impede       the
 Implementation          of    paragraph        1."
The      f i rst      I ine     of      Art IcIe    2     i s     replaced        by    the
fol I o w i n g :
 "The        following             sha I I      be        r e p e a led       as      f r om
31   December        1994:"
The    second      indent      of point       3.3.3      in     Annex       is   replaced
by   the    fo I I o w i n g :
 "The      driver       must       be    able      to      slow       down     and     stop
 self-propelled            machinery         by   means        of     a  main      device.
 Where     safety      so    requires        in  the     event       of  a   failure      of
 the    main     device        or    if   there      is     no     energy      supply     to
 actuate      the main        device,      an e m e r g e n c y    device    with    fully
 independent          and      easily       accessible           controls        must     be
 provided      for s l o w i n g    down     and    stopping."
 ---pagebreak---                                       - 5 -
4. The   first     Indent      of  point     4.2.4   in A n n e x  l  is  replaced
   by  t h e fol I o w I n g :
   "When     either        manually     or    power-operated        machines   and
   lifting      accessories           which      are    ready      for   use   are
   marketed     or     first    put    into    service,    their     manufacturer
   or  his    authorized        representative       established       within  the
   Community       must      ensure,     by   taking    appropriate      measures
   or   having       such      taken,      that    they   can     perform    their
   specified       functions       in   complete     safety.       Said  measures
   must    take    account      of  the     static   and  dynamic      aspects  of
   the m a c h I n e r y . "
 ---pagebreak---                                   •e- -6i -
                                                            ANNEX
In  addition    to   the  amendments        taken   into   account    In   the
re-examined     proposal/      Parliament        proposed      two   further
amendments.     The Commission has re-examined            the proposal     and
decided   not   to   accept   these      amendments    for   the   following
reasons :
1.    Amendment of the second          Indent of ArtIc1« 1(1 )(b) :
Common pos it Ion                                 Amendment
"- the second     indent shall be                 Deleted    -
replaced by the following:
"-lifting equipment      designed     and
constructed    for raising    and/or
moving persons with or without            loads,
except  for   industrial    handling
trucks with an elevating
operator's    position"."
Machinery    for    lifting    persons       requires    essential     safety
requirements additional       to those       laid down for    lifting    loads
(requirements      regarding     the      car,   the   control     circuits,
etc.).
it  is accordingly     not   acceptable       to  include   such   machinery
in the proposal without amending            the essential     requirements.
 ---pagebreak---                                        - 7 -
      Later     this   year    the    Commission      will   present          a  second
      amendment      to   Directive       89/392/EEC     In order          to   include
      machinery      for   lifting p e r s o n s , and  a separate           Directive
      for   lifts permanently ' instaI led            In b u i l d i n g s .
2.    Amendment      of point     4.1.2.4, paragraph         5,     in Annex       I:
Common  posItI on                                                  Amendment
"The manufacturer        or his authorized                          Deleted.
representative established             within
the Community      must,    for each      type of
chain and rope used         directly      for
lifting    the   load, and     for    the  rope
ends, conduct       appropriate       tests or
have such     tests performed         in order
to verify     that   an adequate       working
coefficient      has been     attained."
The  proposal      for   a Directive       put    forward   by     the      Commission
(COW(89>     624   final    -   SYN    233)   provided     for      the      ropes    and
chains    to   be    included      in   the   list    contained          in   Annex    IV
(equipment     for which EC       type-examination        is c o m p u l s o r y ) .
 ---pagebreak---                               •- 8   -
The Council   having  deleted   this obligation       and   replaced   it
by   point   4.1.2.4,   paragraph 5      Its   deletion      cannot    be
accepted   by the Commission, since       it  is essential      that  the
manufacturer   or  the person   appointed     by   him  verifies     that
such   equipment   provides   a    high    level    of   safety;     this
examination   is to be carried out on each          type of    equipment
and not on each item.
In view of    the above,   the Commission       retains    the   text  on
which    the   Council    adopted      Its    common      position     on
13 December 1990.
 ---pagebreak---                                                                                ISSN 0254-1475
                                                                COM(91) 167 final
                                                      DOCUMENTS
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                                                              ISBN 92-77-72188-X
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