CELEX: 51992PC0363
Language: en
Date: 1992-08-18
Title: Amended 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 COMMUNITIES
                                                   C0M(92) 363 f i n a l - SYN 381
                                                  Brussels, 18 August 1992
                         Amended proposal for a
                           COUNCIL PIRECTIVE
   amending    Directive  89/392/EEC            on   the   approximation        of the
   laws o f t h e Member S t a t e s r e l a t i n g t o m a c h i n e r y
        (presented by the Commission pursuant to A r t i c l e 149(3)
                          of the EEC-Treaty)
 ---pagebreak---                             - 2 -
                   Explanatory memorandum
The European Parliament in session on 8 July 1992, delivered
its  opinion  on  the  Commission's   proposals set  out  in
document COM(91) 547 final - SYN 381.
This proposal takes Into account the amendments proposed by
the European Parliament which the Commission considers can
be accepted.
 ---pagebreak---                                  - 3 -
                         Amended proposal for a
                            ÇQUNÇH ptRECTIVE
amending   Directive   89/392/EEC    on  the   approximation       of    the
laws of the Member States relating to machinery.
Following    upon   the   opinion     expressed     by    the     European
              1
Par I lament( ) at    Its  first   reading    In the    context      of   the
cooperation     procedure,    on   the   proposal      for    a    Council
Directive^ 2 )   amending     Directive     89/392/EEC       which       the
Commission    transmitted   to   the Council,    the    Commission       has
decided to amend    its proposal as follows :
    Initial proposal                Modified proposal
                      Fourth recital a (new)
                                    whereas    the    dates     of    entry
                                    Into  force    laid    dow n I n    this
                                    dIrectIve shal I not        alter the
                                    date  of   entry     into    fo rce   of
                                    DlrectIve        89/392/EEC,,          as
                                    amended          by         D i rect i ve
                                    91/368/EEC;
(1)   opinion given on 8 July 1992 (not yet published)
(2)   OJEC n° C 25 of 1 February 1992, p. 8.
 ---pagebreak---                                 - 4 -
    I n11la I proposal            Amended  proposa
                            Article 1(2)
2. Article 4(1) Is                 2. Article 4(1) Is
replaced by the fol low I ni       replaced by the following:
"Member States shall not           "Member States shall not
prohibit, restrict or              prohibit, restrict or
impede, for reasons                Impede the placing on the
connected with the essen-         market and putting   Into
tial health and safety             service In their territory
requirements referred to          of machinery which compiles
In Art le le 3, the placinj       with the provisions of this
on the market and puttlni          directive."
into service In their
territory of machinery
which compiles with the
provisions of this
dIrectIve."
                         Annex II, polnt 16
16.   Machinery for    lifting     16.  Machinery for  lifting
persons   Involving a risk         persons involving a rIsk
of falling from a vertical         of falling from a vertical
height of greater than             height of greater than
fIve metres.                       three metres.
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(92) 363 final
                                                      DOCUMENTS
EN                                                                              06
                                Catalogue number : CB-CO-92-377-EN-C
                                                             ISBN 92-77-47136-0
Office for Official Publications of the European Communities
L-2985 Luxembourg