CELEX: 51996PC0667
Language: en
Date: 1996-12-13
Title: Proposal for a EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE on the approximation of the laws of the Member States relating to machinery - (codified version)

•* ww^pf!**' #
                           COMMISSION OF THE EUROPEAN COMMUNITIES
                                                             Brussels, 13.12.1996
                                                             COM(96) 667 final
                                                             96/ 0305 (COD)
                                              Proposal for a
                       EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE
               on the approximation of the laws of the Member States relating to machinery
                                             (codified version)
                                    (presented by the Commission)
 ---pagebreak---  ---pagebreak---                                 FXPIANATORY MEMORANDUM
1. In the context of a people's Europe, the Commission attaches great importance to
   simplifying and clarifying Community law so as to make it clearer and more accessible
   to the ordinary citizen, thus giving him new opportunities and the chance to make use
   of the specific rights it gives him.
   This aim cannot be achieved so long as numerous provisions that have been amended
   several times, often quite substantially, remain scattered, so that they must be sought
   partly in the original instrument and partly in later amending ones. Considerable re-
   search work, comparing many different instruments, is thus needed to identify the
   current rules.
   For this reason a consolidation of rules that have frequently been amended is also
   essential if Community law is to be clear and transparent.
2. On 1 April 1987 the Commission therefore decided to instruct its staff that all legis-
   lative measures should be consolidated after no more than ten amendments, stressing
   that this.was a minimum requirement and that departments should endeavour to con-
   solidate at even shorter intervals the texts for which they were responsible, to ensure
   that the Community rules were clear and readily understandable.
3. The Conclusions of the Presidency of the Edinburgh European Council (December
   1992) confirmed this, stressing the importance of legislative consolidation as it offers
   certainty as to the law applicable to a given matter at a given time.
   It must be undertaken in full compliance with the normal Community legislative pro-
   cedure.
   Given that no changes of substance may be made to the instruments affected by legis-
   lative consolidation, Parliament, the Council and the Commission have agreed, by an
   interinstitutional agreement dated 20 December 1994, that an accelerated procedure
   may be used for the fast-track adoption of codification instruments.
4. The purpose of this proposal (l) for consolidation of Council Directive 89/392/EEC of
   14 June 1989 on the approximation of the laws of the Member States relating to
   machinery is to undertake official codification of this type. The new directive will
   supersede the various directives incorporated in it (2); their content is fully preserved,
   and they are brought together with only such formal amendments as are required by
   the codification exercise itself.
5. This consolidation proposal was drawn up on the basis of a preliminary consolidation,
   in all the official languages, of Directive 89/392/EEC and the instruments amending it,
   carried out by the Office for Official Publications of the European Communities, by
   means of a data-processing system referred to in the conclusions of the European
   Council meeting at Edinburgh. Although the articles have been given new numbers,
   the former number is printed alongside in each case for the reader's convenience; the
   correlation between the old and new numbers is shown in a table contained in
   Annex DC to the consolidated Directive.
     (*) Entered in the legislative programme for 1996.
     (2) See part A of Annex VIII.
                                          S.
 ---pagebreak---                                              Proposal for a
                  EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE .J.JEC
                                                  of
           on the approximation of the laws of the Member States relating to machinery
      THE EUROPEAN PARLIAMENT AND THE COUNCIL OF
      THE EUROPEAN UNION,
      Having regard to the Treaty establishing the European
      Community, and in particular Article 100a thereof,
      Having regard to the proposal from the Commission,
      Having regard to the opinion of the Economic and So-
      cial Committee (1),
      Acting in accordance with the procedure laid down in
      Article 189b of the Treaty (2),
1)    Whereas Council Directive 89/392/EEC of 14 June 1989
      on the approximation of the laws of the Member States
      relating to machinery (3) has been frequently and sub-
      stantially amended; whereas for reasons of clarity and
      rationality the said Directive should be consolidated;
2)    Whereas the internal market consists of an area without        22.  89/392/EEC
      internal frontiers within which the free movement of                (adapted)
      goods, persons, services and capital is guaranteed;
3)    Whereas the machinery sector is an important part of
      the engineering industry and is one of the industrial
      mainstays of the Community economy;
4)    Whereas the social cost of the large number of accidents
      caused directly by the use of machinery can be reduced
      by inherently safe design and construction of machinery
       and by proper installations and maintenance;
5)    Whereas Member States are responsible for ensuring the              (adapted)
       health and safety on their territory of persons and,
      where appropriate, of domestic animals and goods and,
       in particular, of workers, notably in relation to the risks
       arising out of the use of machinery;
  ( )
  ( )
    3   OJ No L 183, 29. 6. 1989, p. 9. Directive as last amended by
  ()
         Directive 93/68/EEC (OJ No L 220, 30. 8. 1993, p. 1).
 ---pagebreak---  6) Whereas, in the Member States, the legislative systems            89/392/EEC
    regarding accident prevention are very different; whereas
    the relevant compulsory provisions, frequently supplem-
    ented by de facto mandatory technical specifications and/
    or voluntary standards, do not necessarily lead to differ-
    ent levels of health and safety, but nevertheless, owing
    to their disparities, constitute barriers to trade within the
    Community, whereas, furthermore, conformity certifi-
    cation and national certification systems for machinery
    differ considerably;
 7) Whereas existing national health and safety provisions         4. (adapted)
    providing protection against the risks caused by machin-
    ery must be approximated to ensure free movement on
    the market of machinery without lowering existing justi-
    fied levels of protection in the Member States; whereas
    the provisions of this Directive concerning the design
    and construction of machinery, essential for a safer
    working environment, shall be accompanied by specific
    provisions concerning the prevention of certain risks to
    which workers can be exposed at work, as well as by
    provisions based on the organization of safety of workers
    in the working environment;
 8) Whereas Community law, in its present form, provides          10.
    — by way of derogation from one of the fundamental
    rules of the Community, namely the free movement of
    goods — that obstacles to movement within the Com-
    munity resulting from disparities in national legislation
    relating to the marketing of products must be accepted
    in so far as the provisions concerned can be recognized
    as being necessary to satisfy imperative requirements;
 9) Whereas paragraphs 65 and 68 of the White Paper on             6.
    the completion of the internal market, approved by the         +
    European Council in June 1985, provide for a new ap-
    proach to legislative harmonization; whereas, therefore,      10.
    the harmonization of laws in this case must be limited to
    those requirements necessary to satisfy the imperative            (adapted)
    and essential health and safety requirements relating to
    machinery; whereas these requirements must replace the
    relevant national provisions because they are essential;
10) Whereas the maintenance or improvement of the level            3.
    of safety attained by the Member States constitutes one
    of the essential aims of this Directive and of the prin-
    ciple of safety as defined by the essential requirements;
 ---pagebreak--- 11) Whereas the field of application of this Directive must          89/392/EEC
    be based on a general definition of the term •machinery'
    so as to allow the technical development of products;
    whereas the development of complex installations and
    the risks they involve are of an equivalent nature and
    their express inclusion in the Directive is therefore
    justified;
12) Whereas it is also necessary to deal with safety compo-          93/44/EEC
    nents which are placed on the market separately and the
    safety function of which is declared by the manufacturer
    or his authorized representative established in the
    Community;
13) Whereas, for trade fairs, exhibitions, etc., it must be      13. 89/392/EEC
    possible to exhibit machinery which does not conform to          (adapted)
    this Directive; whereas, however, interested parties
    should be properly informed that the machinery does
    not conform and cannot be acquired in that condition;
14) Whereas the essential health and safety requirements         11.
    must be observed in order to ensure that machinery is
    safe; whereas these requirements must be applied with
    discernment to take account of the state of the art at the
    time of construction and of technical and economic
    requirements;
15) Whereas the putting into service of machinery within the     12.
     meaning of this Directive can relate only to the use of
     the machinery itself as intended by the manufacturer;
    whereas this does not preclude the laying-down of condi-
     tions of use external to the machinery, provided that it is
     not thereby modified in a way not specified in this
     Directive;
16)  Whereas it is necessary not only to ensure the free         19.
     movement and putting into service of machinery bearing
     the CE marking and having an EC conformity certificate
     but also to ensure free movement of machinery not
     bearing the CE marking where it is to be incorporated
     into other machinery or assembled with other machinery
     to form a complex installation;
 ---pagebreak--- 17)     Whereas, therefore, this Directive defines only the essen-       14. 89/392/EEC
        tial health and safety requirements of general applica-
        tion, supplemented by a number of more specific re-
        quirements for certain categories of machinery; whereas,
        in order to help manufacturers to prove conformity to
        these essential requirements and in order to allow in-
        spection for conformity to the essential requirements, it
        is desirable to have standards harmonized at European
        level for the prevention of risks arising out of the design
        and construction of machinery; whereas these standards
        harmonized at European level are drawn up by private-
        law bodies and must retain their non-binding status;
        whereas for this purpose the European Committee for
        Standardization (CEN) and the European Committee for
        Electrotechnical Standardization (CENELEC) are the
        bodies recognized as competent to adopt harmonized
        standards in accordance with the general guidelines for
        cooperation between the Commission and these two
        bodies signed on 13 November 1984; whereas, within the
        meaning of this Directive, a harmonized standard is a
        technical specification (European standard or
        harmonization document) adopted by either or both of
        these bodies, on the basis of a remit from the Commis-
        sion in accordance with the provisions of Council Direc-
        tive 83/189/EEC of 28 March 1983 laying down a pro-
        cedure for the provision of information in the field of
        technical standards and regulations (1) and on the basis
        of general guidelines referred to above;
18)     Whereas the legislative framework needs to be improved           15. (adapted)
        in order to ensure an effective and appropriate contribu-
        tion by employers and employees to the standardization
        process;
19)     Whereas the Member States' responsibility for safety,            20.
        health and the other aspects covered by the essential re-
        quirements on their territory must be recognized in a
        safeguard clause providing for adequate Community
        protection procedures;
20)     Whereas, as is currently the practice in Member States,          16.
        manufacturers should retain the responsibility for certify-
      v ing the conformity of their machinery to the relevant es-
        sential requirements; whereas conformity to harmonized
        standards creates a presumption of conformity to the rel-
        evant essential requirements; 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;
  (!)     OJ No L 109, 26. 4. 1983, p. 8. Directive as last amended by
          Commission Decision 96/139/EC (OJ No L 32, 10. 2. 19%, p. 31).
 ---pagebreak--- 21) Whereas, for certain types of machinery having a higher       17. 89/392/EEC
    risk factor, a stricter certification procedure is desirable;
    whereas the EC type-examination procedure adopted
    may result in an EC declaration being given by the
    manufacturer without any stricter requirement such as a
    guarantee of quality, EC verification or EC supervision;
22) Whereas it is essential that, before issuing an EC declar-    18. (adapted)
    ation of conformity, the manufacturer or his authorized
    representative established in the Community should pro-
    vide a technical construction file; whereas it is not, how-
    ever, essential that all documentation be permanently
    available in a material manner, although it must be
    made available on demand; whereas it need not include
    detailed plans of the sub-assemblies used in manufactur-
    ing the machines, unless knowledge of these is indispens-
    able in order to ascertain conformity with essential
    safety requirements;
23) Whereas, in its communication of 15 June 1989 on a                93/68/EEC
    global approach to certification and testing, the Commis-
    sion proposed that common rules be drawn up concern-
    ing a 'CE' conformity marking with a single design;
    whereas, in its Resolution of 21 December 1989 on a
    global approach to conformity assessment, the Council
    approved as a guiding principle the adoption of a con-
    sistent approach such as this with regard to the use of
    the CE marking; whereas the two basic elements of the
    new approach which must be applied are therefore the
    essential requirements and the conformity assessment
    procedures;
24) Whereas the addressees of any decision taken under this       21. 89/392/EEC
    Directive must be informed of the reasons for such a              (adapted)
    decision and the legal remedies open to them;
25) Whereas this Directive must not affect the obligations of
    the Member States concerning the deadlines for trans-
    position and application of the Directives set out in
    Annex VIII, part B,
     HAVE .ADOPTED THIS DIRECTIVE:
 ---pagebreak---                         CHAPTER I                              89/392/EEC
SCOPE, PLACING ON THE MARKET AND FREEDOM
                      OF MOVEMENT
                           Article 1
1.     This Directive applies to machinery and lays down
the essential health and safety requirements therefor, as
defined in Annex I.
It shall also apply to safety components placed on the         93/44/EEC - Art. l(l)(a)
market separately.
2.     For the purposes of this Directive,                     89/392/EEC
(a) 'machinery' means:
     —     an assembly of linked parts or components, at
           least one of which moves, with the appropriate
           actuators, control and power circuits, etc, joined
           together for a specific application, in particular
           for the processing, treatment, moving or packag-
           ing of a material;
     —     an assembly of machines which, in order to
           achieve the same end, are arranged and con-
           trolled so that they function as an integral whole;
     —     interchangeable equipment modifying the func-       91/368/EEC - Art l(l)(a)
           tion of a machine, which is placed on the market
           for the purpose of being assembled with a ma-
           chine or a series of different machines or with a
           tractor by the operator himself in so far as this
           equipment is not a spare part or a tool;
 (b) 'safety components' means a component, provided           93/44/EEC - Art l(l)(b)
     that it is not interchangeable equipment, which the
     manufacturer or his authorized representative
     established in the Community places on the market to
     fulfil a safety function when in use and the failure or
      malfunctioning of which endangers the safety or
      health of exposed persons.
 3.     The following are excluded from the scope of this      89/392/EEC
 Directive:
 — machinery whose only power source is directly applied
      manual effort, unless it is a machine used for lifting    91/368/EEC - Art. l(l)(b)
      or lowering loads.
 — machinery for medical use used in direct contact with
      patients,
 — special equipment for use in fairgrounds and/or
      amusement parks,
 — steam boilers, tanks and pressure vessels,
 —    machinery specially designed or put into service for
      nuclear purposes which, in the event of failure, may
      result in an emission of radioactivity,
 ---pagebreak--- — radioactive sources forming part of a machine,                 89/392/EEC
—    firearms,
— storage tanks and pipelines for petrol, diesel fuel, in-
    flammable liquids and dangerous substances,
—   means of transport, Le. vehicles and their trailers in-      91/368/EEC - Art l(l)(b)
    tended solely for transporting passengers by air or on
    road, rail or water networks, as well as means of
     transport in so far as such means are designed for
    transporting goods by air, on public road or rail net-
    works or on water. Vehicles used in the mineral ex-
     traction industry shall not be excluded,
—    seagoing vessels and mobile offshore units together
    with equipment on board such vessels or units,
—    cableways, including funicular railways, for the public     93/44/EEC - Art l(l)(c)
     or private transportation of persons,
—    agricultural and forestry tractors, as defined in Article   91/368/EEC - Art l(l)(b)
     1 (1) of Council Directive 74/150/EEC (*),                  (adapted)
—    machines specially designed and constructed for mili-
     tary or police purposes,
—    lifts which permanently serve specific levels of build-     93/44/EEC - Art l(l)(c)
     ings and constructions, having a car moving between
     guides which are rigid and inclined at a angle of more
     than 15 degrees to the horizontal and designed for
     the transport of:
     i)      persons,
     ii)     persons and goods,
      iii) goods alone if the car is accessible, that is to say,
              a person may enter it without difficulty, and
             fitted with controls situated inside the car or
             within reach of a person inside,
—     means of transport of persons using rack and pinion
      rail mounted vehicles,
—     mine winding gear,
—     theatre elevators,
— construction site hoists intended for lifting persons or
      persons and goods.
4.       Where, for machinery or safety components, the           93/44/EEC - Art l(l)(d)
risks referred to in this Directive are wholly or partly cov-
ered by specific Community directives, this Directive shall
not apply, or shall cease to apply, in the case of such ma-
chinery or safety components and of such risks on the im-
plementation of these specific Directives.
 (!) OJ No L 84, 28. 3. 1974, p. 10; Directive as last amended
       by Decision 95/1/EC, Euratom, ECSC (OJ No L 1,
        1. 1. 1995, p. 1).
 ---pagebreak--- 5.      Where, for machinery, the risks are mainly of               89/392/EEC
electrical origin, such machinery shall be covered exclusive-       (adapted)
ly by Council Directive 73/23/EEC (l).
                             Article 2                              93/44/EEC - Art 1(2)
1.      Member States shall take all appropriate measures
to ensure that machinery or safety components covered by
this Directive may be placed on the market and put into
service only if they do not endanger the health or safety of
persons and, where appropriate, domestic animals or prop-
erty, when properly installed and maintained and used for
their intended purpose.
2.      This Directive shall not affect Member States' en-
titlement to lay down, in due observance of the Treaty,
such requirements as they may deem necessary to ensure
that persons and in particular workers are protected when
using the machinery or safety components in question, pro-
vided that this does not mean that the machinery or safety
components are modified in a way not specified in the
Directive.
3.      At trade fairs, exhibitions, demonstrations, etc.,
Member States shall not prevent the showing of machinery
or safety components which do not conform to the provi-
sions of this Directive, provided that a visible sign clearly
indicates that such machinery or safety components do not
conform and that they are not for sale until they have
been brought into conformity by the manufacturer or his
authorized representative established in the Community.
During demonstrations, adequate safety measures shall be
taken to ensure the protection of persons.
                             Article 3                              93/44/EEC - Art 1(3)
 Machinery and safety components covered by this Direc-
 tive shall satisfy the essential health and safety require-
 ments set out in Annex I.
                             Article 4                              89/392/EEC
 1.      Member States shall not prohibit, restrict or impede       93/44/EEC - Art l(4)(a)
 the placing on the market and putting into service in their
 territory of machinery and safety components which com-
 ply with this Directive.
 2.      Member States shall not prohibit, restrict or impede       89/392/EEC
 thé placing on the market of machinery where the manu-
 facturer or his authorized representative established in the
 Community declares in accordance with point B of
 Annex II that it is intended to be incorporated into ma-
 chinery or assembled with other machinery to constitute
 machinery covered by this Directive, except where it can
 function independently.
   (*) OJ No L 77, 26. 3. 1973, p. 29; Directive as last amended by
       Directive 93/68/EEC (OJ No L 220, 30. 8. 1993, p. 1).
                                                  10
 ---pagebreak--- 'Interchangeable equipment', as referred to in the third         91/368/EEC - Art 1(3)
indent of Article 1 (2) (a), shall be regarded as machinery      (adapted)
and accordingly must in all cases bear the HE marking and        93/68/EEC --Art 6(t)
be accompanied by the EC declaration of conformity re-
ferred to in Annex II, point A.
3.       Member States may not prohibit restrict or impede       93/44/EEC - Art l(4)(b)
the placing on the market of safety components as defined
in Article 1 (2) where they are accompanied by an EC
declaration of conformity by the manufacturer or his auth-
orized representative established in the Community as re-
ferred to in Annex JJ, point C.
                            Article 5                            89/392/EEC
 1.       Member States shall regard the following as con-       93/44/EEC - Art 1(5)
forming to all the provisions of this Directive, including
the procedures for checking the conformity provided for in
 Chapter II:
—      machinery bearing the CE marking and accompanied
       by the EC declaration of conformity referred to in
       Annex II, point A,
 —     safety components accompanied by the EC declar-
        ation of conformity referred to in Annex II, point C
 In the absence of harmonized standards, Member States
 shall take any steps they deem necessary to bring to the
 attention of the parties concerned the existing national
 technical standards and specifications which are regarded
 as important or relevant to the proper implementation of
 the essential safety and health requirements in Annex I.
 2.       Where a national standard transposing a harmonized
 standard, the reference for which has been published in
 the Official Journal of the European Communities, covers
 one or more of the essential safety requirements, machin-
 ery or safety components constructed in accordance with
 this standard shall be presumed to comply with the rel-
 evant essential requirements.
 Member States shall publish the references of national
 standards transposing harmonized standards.
 3.       Member States shall ensure that appropriate             89/392/EEC
 measures are taken to enable the social partners to have
  an influence at national level on the process of preparing
  and monitoring the harmonized standards.
                             Article 6
  1.      Where a Member State or. the Commission, con-
  siders that the harmonized standards referred to in Ar-
  ticle 5 (2) do not entirely satisfy the essential requirements
  referred to in Article 3, the Commission or the Member
  State concerned shall bring the matter before the Commit-
  tee set up under Directive 83/189/EEC, giving the reasons
  therefor. The Committee shall deliver an opinion without
  delay.
                                               11
 ---pagebreak--- Upon receipt of the Committee's opinion, the Commission        89/392/EEC
shall inform the Member States whether or not it is
necessary to withdraw those standards from the published
information referred to in Article 5 (2).
2.     A standing committee shall be set up, consisting of
representatives appointed by the Member States and
chaired by a representative of the Commission.
The standing committee shall draw up its own rules of
procedure.
Any matter relating to the implementation and practical
application of this Directive may be brought before the
standing committee, in accordance with the following
procedure.
The representative of the Commission shall submit to the
committee a draft of the measures to be taken. The com-
mittee shall deliver its opinion on the draft, within a time
limit which the chairman may lay down according to the
urgency of the matter, if necessary by taking a vote.
The opinion shall be recorded in the minutes; in addition,
each Member State shall have the right to ask to have its
position recorded in the minutes.
The Commission shall take the utmost account of the
opinion delivered by the committee. It shall inform the
committee of the manner in which its opinion has been
taken into account
                           Article 7
 1.     Where a Member State ascertains that:                  93/44/EEC - Art. l(6)(a)
— machinery bearing the CE marking, or
— safety components accompanied by the EC declar-
      ation of conformity,
 used in accordance with their intended purpose are liable
to endanger the safety of persons, and, where appropriate,
domestic animals or property, it shall take all appropriate
 measures to withdraw such machinery or safety compo-
 nents from the market to prohibit the placing on the mar-
 ket putting into service or use thereof, or to restrict free
 movement thereof.
 Member States shall immediately inform the Commission
 of any such measure, indicating the reason for its decision
 and, in particular, whether non-conformity is due to:
 (a) failure to satisfy the essential requirements referred to
      in Article 3;
 (b) incorrect application of the standards referred to in
      Article 5 (2);
 (c) shortcomings in the standards referred to in Article 5
      (2) themselves.
                                             12
 ---pagebreak--- 2.       The Commission shall enter into consultation with     89/392/EEC
the parties concerned without delay. Where the Commis-         (adapted)
sion considers, after this consultation, that the measure is
justified, it shall immediately so inform the Member State
which took the initiative and the other Member States.
Where the Commission considers, after this consultation,
that the action is unjustified, it shall immediately so inform
the Member State which took the initiative and the manu-
facturer or his authorized representative established within
the Community. Where the decision referred to in para-
graph 1 is justified by a shortcoming in the standards, and
where the Member State at the origin of the decision
 maintains its position, the Commission shall immediately
 inform the Committee in order to initiate the procedures
 referred to in Article 6 (1).
 3.       Where:                                               93/44/EEC - Art l(6)(b)
—       machinery which does not comply bears the CE
        marking,
 —      a safety component which does not comply is accom-
       panied by an EC declaration of conformity,
 the competent Member State shall take appropriate action
 against whomsoever has affixed the marking or drawn up
 the declaration and shall so inform the Commission and
 other Member States.
 4.       The Commission shall ensure that Member States       89/392/EEC
 are kept informed of the progress and outcome of this
 procedure.
                          CHAPTER II
        CONFORMITY ASSESSMENT PROCEDURES                        (adapted)
                             Article 8
  1.      The manufacturer or his authorized representative     93/44/EEC - Art l(7)(a)
  established in the Community must in order to certify that    (adapted)
  machinery and safety components are in conformity with
  this Directive, draw up for all machinery or safety compo-
  nent manufactured an EC declaration of conformity based
  on the model given in Annex II, point A or C as
  appropriate.
  In addition, for machinery alone, the manufacturer or his
  authorized representatives established in the Community
  must affix to the machine the CE marking.
  2.      Before placing on the market the manufacturer, or     89/392/EEC
  his authorized representative established in the Commun-
  ity, shall:
  (a) if the machinery is not referred to in Annex IV, draw
         up the file provided for in Annex V;
                                             13
 ---pagebreak--- (b) if the machinery is referred to in Annex IV and its        89/392/EEC
     manufacturer does not comply, or only partly com-         (adapted)
     plies, with the standards referred to in Article 5 (2)
     or if there are no such standards, submit an example
     of the machinery for the EC type-examination re-
     ferred to in Annex VI;
(c) if the machinery is referred to in Annex IV and is
     manufactured in accordance with the standards re-
     ferred to in Article 5 (2):
     — either draw up the file referred to in Annex VI
           and forward it to a notified body, which will ac-
           knowledge receipt of the file as soon as possible
           and keep it,
     — submit the file referred to in Annex VI to the
           notified body, which will simply verify that the
           standards referred to in Article 5 (2) have been
           correctly applied and will draw up a certificate of
           adequacy for the file,
     — or submit the example of the machinery for the
           EC type-examination referred to in Annex VI.
3.     Where the first indent of paragraph 2 (c) of this
Article applies, the provisions of the first sentence of para-
graph 5 and paragraph 7 of Annex VI shall also apply by
analogy.
Where the second indent of paragraph 2 (c) of this Article
applies, the provisions of paragraphs 5, 6 and 7 of Annex
VI shall also apply.
4.     Where paragraph 2 (a) and the first and second in-
dents of paragraph 2 (c) apply, the EC declaration of con-
formity shall solely state conformity with the essential re-
quirements of the Directive.
Where paragraph 2 (b) and the third indent of paragraph        Corrigendum, OJ No L 296,14.10.1989, p. 40
2 (A apply, the EC declaration of conformity shall state
conformity with the example that underwent EC type-
examination.
5.     Safety components shall be subject to the certifi-      93/44/EEC - Art l(7)(b)
cation procedures applicable to machinery pursuant to
paragraphs 2, 3 and 4. Furthermore, during EC type-exam-
ination, the notified body shall verify the suitability of the
safety component for fulfilling the safety functions declared
by the manufacturer.
6. (a) Where the machinery is subject to other directives      93/68/EEC - Art 6(2)
         concerning other aspects and which also provide
         for the affixing of the CE marking, the latter shall
         indicate that the machinery is also presumed to
         conform to the provisions of those other directives.
                                             14
 ---pagebreak---      (b) However, where one or more of those Directives        93/68/EEC - Art 6(2)
          allow the manufacturer, during a transitional peri-
          od, to choose which arrangements to apply, the
          CE marking shall indicate conformity only to the
          directives applied by the manufacturer. In this
          case, particulars of the directives applied, as pub-
          lished in the Official Journal of the European Com-
          munities, must be given in the documents, notices
          or instructions required by the directives and ac-
          companying such machinery.
7.       Where neither the manufacturer nor his authorized     93/44/EEC - Art l(7)(c)
representative established in the Community fulfils the ob-    (adapted)
ligations of paragraphs 1 to 6, these obligations shall fall
to any person placing the machinery or safety component
on the market in the Community. The same obligations
shall apply to any person assembling machinery or parts
thereof or safety components of various origins or con-
structing machinery or safety components for his own use.
8.       The obligations referred to in paragraph 7 shall not  91/368/EEC - Art 1(4)
apply to persons who assemble with a machine or tractor
interchangeable equipment as provided for in Article 1,
provided that the parts are compatible and each of the
constituent parts of the assembled machine bears the ÇE        93/68/EEC - Art 6(1)
marking and is accompanied by the EC declaration of
conformity.
                            Article 9                          89/392/EEC
 1.      Member States shall notify the Commission and the     93/68/EEC - Art 6(3)
other Member States of the approved bodies which they
have appointed to carry out the procedures referred to in
Article 8 together with the specific tasks which these
bodies have been appointed to carry out and the identifica-
tion numbers assigned to them beforehand by the Commis-
sion.
The Commission shall publish in the Official Journal of the
European Communities a list of the notified bodies and
 their identification numbers and the tasks for which they
 have been notified. The Commission shall ensure that this
 list is kept up to date.
 2.      Member States shall apply the criteria laid down in   89/392/EEC
 Annex VII in assessing the bodies to be indicated in such
 notification. Bodies meeting the assessment criteria laid
 down in the relevant harmonized standards shall be pre-
 sumed to fulfil those criteria.
 3.      A Member State which has approved a body must
 withdraw its notification if it finds that the body no longer
 meets the criteria referred to in Annex VII. It shall im-
 mediately inform the Commission and the other Member
 States accordingly.
                                              15
 ---pagebreak---                          CHAPTER HI                          89/392/EEC
                        CE MARKING                           93/68/EEC - A r t 6(1)
                           Article 10
1.      The CE conformity marking shall consist of the in-   93/68/EEC-Art 6(4)
itials 'CE'. The form of the marking to be used is shown
in Annex III.
2.      The CE marking shall be affixed to machinery dis-    89/392/EEC - 93/68/EEC Art 6(1)
tinctly and visibly in accordance with point 1.73 of
Annex I.
3.      The affixing of markings on the machinery which      93/68/EEC - Art 6(5)
are likely to deceive third parties as to the meaning and
form of the CE marking shall be prohibited. Any other
marking may be affixed to the machinery provided that the
visibility and legibility of the CE marking is not thereby
reduced.
4.      Without prejudice to Article 7:                      93/68/EEC - Art 6(6)
(a) where a Member State establishes that the CE mark-
      ing has been affixed unduly, the manufacturer or his
      authorized representative established within the Com-
      munity shall be obliged to make the product conform
      as regards the provisions concerning the CE marking
      and to end the infringement under the conditions im-
      posed by the Member State;
(b) where non-conformity continues, the Member State
      must take all appropriate measures to restrict or pro-
      hibit the placing on the market of the product in
      question or to ensure that it is withdrawn from the
      market in accordance with the procedure laid down in
      Article 7.
                         CHAPTER IV                          89/392/EEC
                    FINAL PROVISIONS
                           Article 11                        93/44/EEC - Art 1(9)
Any decision taken pursuant to this Directive which re-
stricts the placing on the market and putting into service
of machinery or a safety component shall state the exact
grounds on which it is based. Such a decision shall be noti-
fied as soon as possible to the party concerned, who shall
at the same time be informed of the legal remedies avail-
able to him under the laws in force in the Member State
concerned and of the time limits to which such remedies
are subject
                                           16
 ---pagebreak---                            Article 12                         89/392/EEC
The Commission will take the necessary steps to have in-
formation on all the relevant decisions relating to the man-
agement of this Directive made available.
                          Article 13                          91/368/EEC - Art 1(5)
1.      Member States shall communicate to the Commis-
sion the texts of the provisions of national law which they
adopt in the field governed by this Directive.
2.      The Commission shall, before 1 January 1994,
examine the progress made in the standardization work re-
lating to this Directive and propose any appropriate
measures.
                          Article 14
The Directives listed in Annex VIII, Part A, are hereby
repealed, without prejudice to the obligations of the
Member States concerning the deadlines for transposition
and application of the said Directive, as set out in Annex
VIII, Part B.
 References to the repealed Directives shall be construed as
 references to this Directive and be read in accordance with
 the correlation table set out in Annex DC
                           Article 15
 This Directive shall enter into force on the twentieth day
 following that of its publication in the Official Journal of
 the European Communities.
                           Article 16
 This Directive is addressed to the Member States.
 Done at Brussels,
  For the European Parliament                For the Council
        The President                         The President
                                            17
 ---pagebreak---                              ANNEX I                                89/392/EEC
 ESSENTIAL HEALTH AND SAFETY REQUIREMENTS                           93/44/EEC - Art l(lD)(a)
  RELATING TO THE DESIGN AND CONSTRUCTION
      OF MACHINERY AND SAFETY COMPONENTS                          •
For the purposes of this Annex, 'machinery' means either            93/44/EEC - Art l(10)(b)
'machinery' of 'safety component' as defined in Article 1
(2).
PRELIMINARY OBSERVATIONS                                            89/392/EEC
1.    The obligations laid down by the essential health and
      safety requirements apply only when the correspon-
       ding hazard exists for the machinery in question when
       it is used under the conditions foreseen by the manu-
       facturer. In any event, requirements 1.1.2, 1.7.3 and
       1.7.4 apply to all machinery covered by this Directive.
2.     The essential health and safety requirements laid
       down in this Directive are mandatory. However, tak-
       ing into account the state of the art, it may not be
       possible to meet the objectives set by them. In this
       case, the machinery must as far as possible be de-
       signed and constructed with the purpose of approach-
       ing those objectives.
       The essential health and safety requirements have            93/44/EEC - Art l(10)(c)
       been grouped according to the hazards which they
       cover.
       Machinery presents a series of hazards which may be
       indicated under more than one heading in this Annex.
       The manufacturer is under an obligation to assess the
       hazards in order to identify all those which apply to
       his machine; he must then design and construct it tak-
       ing account of his assessment.
 1.         ESSENTIAL          HEALTH         AND       SAFETY      89/392/EEC
            REQUIREMENTS
 1.1.       General remarks
 1.1.1. Definitions
            For the purpose of this Directive:
            1.   'danger zone' means any zone within and/or
                 around machinery in which an exposed per-
                 son is subject to a risk to his health or safety;
            2.   'exposed person' means any person wholly or
                 partially in a danger zone;
            3.   'operator' means the person or persons given
                 the task of installing, operating, adjusting,
                 maintaining, cleaning, repairing or transport-
                 ing machinery.
                                               18
 ---pagebreak--- 1.1.2. Principles of safety integration                      89/392/EEC
       (a) Machinery must be so constructed that it is
            fitted for its function, and can be adjusted
            and maintained without putting persons at
            risk when these operations are carried out un-
            der the conditions foreseen by the
            manufacturer.
            The aim of measures taken must be to elimi-
            nate any risk of accident throughout the fore-
            seeable lifetime of the machinery, including
            the phases of assembly and dismantling, even
            where risks of accident arise from foreseeable
            abnormal situations.
       (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 possi-
                  ble (inherently safe machinery design
                   and construction),
            — take the necessary protection measures
                   in relation to risks that cannot be
                   eliminated,
            — inform users of the residual risks due to
                   any shortcomings of the protection mea-
                   sures adopted, indicate whether any par-
                   ticular training is required and specify
                   any need to provide personal protection
                   equipment.
       (c) When designing and constructing machinery,
             and when drafting the instructions, the
             manufacturer must envisage not only the nor-
             mal use of the machinery but also uses which
             could reasonably be expected.
             The machinery must be designed to prevent
             abnormal use if such use would engender a
             risk. In other cases the instructions must draw
             the user's attention to ways.— which experi-
             ence has shown might occur — in which the
             machinery should not be used.
        (d) Under the intended conditions of use, the dis-
             comfort, fatigue and psychological stress faced
             by the operator must be reduced to the mini-
             mum possible taking ergonomie principles
             into account.
                                            19
 ---pagebreak---        (e) When designing and constructing machinery,         89/392/EEC
             the manufacturer must take account of the
             constraints to which the operator is subject as
             a result of the necessary or foreseeable use of
             personal protection equipment (such as foot-
             wear, gloves, etc).
        (f) Machinery must be supplied with all the es-
             sential special equipment and accessories to
             enable it to be adjusted, maintained and used
             without risk.
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
        risks due to filling, use, recovery or draining.
1.1.4. Lighting
        The manufacturer must supply integral lighting
        suitable for the operations concerned where its
        lack is likely to cause a risk despite ambient light-
        ing of normal intensity.
        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 dan-
        gerous stroboscopic effects due to the lighting pro-
        vided by the manufacturer.
        Internal parts requiring frequent inspection, and
        adjustment and maintenance areas, must be pro-
        vided with appropriate lighting.
1.1.5.  Design of machinery to facilitate its handling
        Machinery or each component part thereof must:
        — be capable of being handled safely,
        — be packaged or designed so that it can be
              stored safely and without damage (e.g. ade-
              quate 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 com-
        ponent part must:
        — either be fitted with attachments for lifting
              gear, or
        — be designed so that it can be fitted with such
              attachments (e.g. threaded holes), or
                                           20
 ---pagebreak---        — be shaped in such a way that standard lifting       89/392/EEC
             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 han-
       dling of tools and/or machinery parts, even if light-
       weight which could be dangerous (shape, material,
       etc).
1.2.   Controls
1.2.1. Safety and reliability of control systems
       Control systems must be designed and constructed
       so that they are safe and reliable, in a way that
       will prevent a dangerous situation arising. Above
       all they must be designed and constructed in such
       a way that:
       — they can withstand the rigours of normal use
             and external factors,
       — errors in logic do not lead to dangerous
             situations.
1.2.2. Control devices
       Control devices must be:
       — clearly visible and identifiable and appropri-
             ately marked where necessary,
       — positioned for safe operation without hesita-
             tion or loss of time, and without ambiguity,
       — designed so that the movement of the control
             is consistent with its effect,
       — located outside the danger zones, except for
             certain controls where necessary, such as
             emergency stop, console for training of
             robots,
        — positioned so that their operation cannot
             cause additional risk,
        — designed or protected so that the desired ef-
             fect where a risk is involved, cannot occur
             without an intentional operation,
                                            21
 ---pagebreak---        — made so as to withstand foreseeable strain;        89/392/EEC
             particular attention must be paid to emergen-
             cy stop devices liable to be subjected to con-
             siderable strain.                    •
       Where a control is designed and constructed to
       perform several different actions, namely where
       there is no one-to-one correspondence (e.g. key-
       boards, etc), the action to be performed must be
       clearly displayed and subject to confirmation
       where necessary.
       Controls must be so arranged that their layout
       travel and resistance to operation are compatible
       with the action to be performed, taking account of
       ergonomie principles. Constraints due to the neces-
       sary or foreseeable use of personal protection
       equipment (such as footwear, gloves, etc.) must be
       taken into account.
       Machinery must be fitted with indicators (dials,
       signals, etc.) as required for safe operation. The
       operator must be able to read them from the con-
       trol position.
       From the main control position the operator must
       be able to ensure that there are no exposed per-
       sons in the danger zones.
       If this is impossible, the control system must be
       designed and constructed so that an acoustic and/
       or visual warning signal is given whenever the ma-
       chinery is about to start The exposed person must
       have the time and the means to take rapid action
       to prevent the machinery starting up.
1.23. Starring
       It must be possible to start machinery only by vol-
       untary actuation of a control provided for the
       purpose.
       The same requirement applies:
       — when restarting the machinery after a stop-
             page, whatever the cause,
       — when effecting a significant change in the
             operating conditions (e.g. speed, pressure,
             etc.),
        unless such restarting or change in operating
       conditions is without risk to exposed persons.
       This essential requirement does not apply to the
        restarting of the machinery or to the change in op-
        erating conditions resulting from the normal se-
        quence of an automatic cycle.
                                          22
 ---pagebreak---        Where machinery has several starting controls and     89/392/EEC
       the operators can therefore put each other in dan-
       ger, additional devices (e.g. enabling devices or se-
       lectors allowing only one part of the starting
       mechanism to be actuated at any one time) must
       be fitted to rule out such risks.
       It must be possible for automated plant function-
       ing in automatic mode to be restarted easily after
       a stoppage once the safety conditions have been
       fulfilled.
1.2.4. Stopping device
       Normal          stopping
       Each machine must be fitted with a control where-
       by the machine can be brought safely to a com-
       plete stop.
       Each workstation must be fitted with a control to
       stop some or all of the moving parts of the ma-
       chinery, depending on the type of hazard, so that
       the machinery is rendered safe. The machinery's
       stop control must have priority over the start
       controls.
        Once the machinery or its dangerous parts have
        stopped, the energy supply to the actuators con-
        cerned must be cut off.
        Emergency            stop
        Each machine must be fitted with one or more
        emergency stop devices to enable actual or im-
        pending danger to be averted. The following ex-
        ceptions apply:
        — machines in which an emergency stop device
              would not lessen the risk, either because it
              would not reduce the stopping time or be-
              cause it would not enable the special mea-
              sures required to deal with the risk to be
              taken,
        — hand-held portable machines and hand-guided
              machines.
        This device must:
        — have clearly identifiable, clearly visible and
               quickly accessible controls,
        — stop the dangerous process as quickly as pos-
               sible, without creating additional hazards,
         — where necessary, trigger or permit the trigger-
               ing of certain safeguard movements.
                                            23
 ---pagebreak---        Once active operation of the emergency stop con-      93/44/EEC - Art l(10)(d)
       trol has ceased following a stop command, that
       command must be sustained by engagement of the
       emergency stop device until that engagement is
       specifically overridden; it must not be possible to
       engage the device without triggering a stop com-
       mand; it must be possible to disengage the device
       only by an appropriate operation, and disengaging
       the device must not restart the machinery but only
       permit restarting.
       Complex         installations                         89/392/EEC
       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 con-
       tinued operation can be dangerous.
1.2.5. Mode selection
       The control mode selected must override all other
       control systems with the exception of the emergen-
       cy stop.
       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 con-
        trolled functions, etc.).
        If, for certain operations, the machinery must be
        able to operate with its protection devices neutral-
        ized, the mode selector must simultaneously:
       — disable the automatic control mode,
        — permit movements only by controls requiring
              sustained action,
        — permit the operation of dangerous moving
              parts only in enhanced safety conditions (e.g.
              reduced speed, reduced power, step-by-step,
              or other adequate provision) while preventing
              hazards from linked sequences,
                                          24
 ---pagebreak---         — prevent any movement liable to pose a dan-            89/392/EEC
              ger by acting voluntarily or involuntarily on
              the machine's internal sensors.
        In addition, the operator must be able to control
        operation of the parts he is working on at the ad-
        justment point
1.2.6.  Failure of the power supply
        The interruption, re-establishment after an inter-
        ruption or fluctuation in whatever manner of the
        power supply to the machinery must not lead to a
        dangerous situation.
        In particular
        — the machinery must not start unexpectedly,
        — the machinery must not be prevented from
              stopping if the command has already been
              given,
        — no moving part of the machinery or piece
              held by the machinery must fall or be ejected,
        — automatic or manual stopping of the moving
              parts whatever they, may be must be
               unimpeded,
               the protection devices must remain fully
               effective.
1.2.7.  Failure of the control circuit
         A fault in the control circuit logic, or failure of or
         damage to the control circuit must not lead to
         dangerous situations.
         In particular:
         — the machinery must not start unexpectedly,
         — the machinery must not be prevented from
               stopping if the command has already been
               given,
         — no moving part of the machinery or piece
               held by the machinery must fall or be ejected,
         — automatic or manual stopping of the moving
               parts whatever they may be must be unim-
               peded,
         — the protection devices must remain fully ef-
                fective.
 1.2.8.   Software
         Interactive software between the operator and the
         command or control system of a machine must be
          user-friendly.
 1.3.     Protection against mechanical hazards
 1.3.1. Stability
          Machinery, components and fittings thereof must
          be so designed and constructed that they are
          stable enough, under the foreseen operating condi-
          tions (if necessary taking climatic conditions into
          account) for use without risk of overturning, falling
          or unexpected movement.
                                            25
 ---pagebreak---        If the shape of the machinery itself or its intended   89/392/EEC
       installation does not offer sufficient stability, ap-
       propriate means of anchorage must be incorpo-
       rated and indicated in the instructions.
13.2.  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 foreseen by the
       manufacturer.
       The durability of the materials used must be ade-
       quate for the nature of the work place foreseen by
       the manufacturer, in particular as regards the phe-
       nomena of fatigue, ageing, corrosion and abrasion.
       The manufacturer must indicate in the instructions
       the type and frequency of inspection and mainte-
       nance required for safety reasons. He must, where
       appropriate, indicate the parts subject to wear and
       the criteria for 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 in such a way that in case of rupture
       their fragments will be contained.
       Both rigid and flexible pipes carrying fluids, partic-
       ularly those under high pressure, must be able to
       withstand the foreseen internal and external
       stresses and must be firmly attached and/or pro-
       tected against all manner of external stresses and
       strains; precautions must be taken to ensure that
       no risk 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 risks to the persons exposed
       (e.g. tool breakage):
       — when the workpiece comes into contact with
             the tool the latter must have attained its nor-
             mal working conditions,
       — when the tool starts and/or stops (intentional-
             ly or accidentally) the feed movement and the
             tool movement must be coordinated.
1.3.3. Risks due to falling or ejected objects
        Precautions must be taken to prevent risks from
       falling or ejected objects (e.g. workpieces, tools,
       cuttings, fragments, waste, etc.).
                                          26
 ---pagebreak--- 1.3.4. Risks due to surfaces, edges or angles                  89/392/EEC
       In so far as their purpose allows, accessible parts
       of the machinery must have no sharp edges, no
       sharp angles, and no rough surfaces likely to cause
       injury.
1.3.5. Risks related to combined machinery
       Where the machinery is intended to carry out sev-
       eral different operations with the manual removal
       of the piece between each operation (combined
       machinery), it must 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 risk for the exposed person.
       For this purpose, it must be possible to start and
       stop separately any elements that are not
       protected.
1.3.6. Risks relating to variations in the rotational speed of
       tools
       When the machine is designed to perform opera-
       tions under different conditions of use (e.g. differ-
       ent speeds or energy supply), it must be designed
       and constructed in such a way that selection and
       adjustment of these conditions can be carried out
       safely and reliably,
1.3.7. Prevention of risks related to moving parts
       The moving parts of machinery must be designed,
       built and laid out to avoid hazards or, where haz-
       ards persist, fixed with guards or protective devices
       in such a way as to prevent all risk of contact
       which could lead to accidents.
       All necessary steps must be taken to prevent acci-      91/368/EEC - Art. l(6)(a)
       dental blockage of moving parts involved in the
       work. In cases where, despite the precautions tak-
       en, a blockage is likely to occur, specific protection
       devices or tools, the instruction handbook and
       possibly a sign on the machinery should be pro-
       vided by the manufacturer to enable the equip-
       ment to be safely unblocked.
1.3.8. Choice of protection againstrisksrelated to moving 89/392/EEC
       parts
        Guards or protection devices used to protect
        against the risks related to moving parts must be
        selected on the basis of the type of risk. The fol-
        lowing guidelines must be used to help make the
        choice.
                                           27
 ---pagebreak--- A. M o v i n g    transmission             parts   89/392/EEC
   Guards designed to protect exposed persons
   against the risks associated with moving trans-
   mission parts (such as pulleys, belts, gears,
   rack and pinions, shafts, etc) must be:
   — either fixed, complying with require-
        ments 1.4.1 and 1.4.2.1, or
   — movable, complying with requirements
        1.4.1 and 1.42.2.A.
   Movable guards should be used where fre-
   quent access is foreseen.
B. Moving parts directly                  invol-
   v e d in the           process
   Guards or protection devices designed to pro-
   tect exposed persons against the risks
   associated with moving parts contributing to
   the work (such as cutting tools, moving parts
   of presses, cylinders, parts in the process of
   being machined, etc.) must be:
   — wherever possible fixed guards complying
        with requirements 1.4.1 and 1.4.2.1,
   — otherwise, movable guards complying
        with requirements 1.4.1 and 1.4.2.2.B or
        protection devices such as sensing devi-
        ces (e.g. non-material barriers, sensor
        mats), remote-hold protection devices
        (e.g. two-hand controls), or protection
        devices intended automatically to pre-
        vent all or part of the operator's body
        from encroaching on the danger zone in
        accordance with requirements 1.4.1 and
         1.4.3.
   However, when certain moving parts directly
   involved in the process cannot be made com-
   pletely or partially inaccessible during opera-
   tion owing to operations requiring nearby op-
   erator intervention, where technically possible
   such parts must be fitted with:
   — fixed guards, complying with require-
         ments 1.4.1 and 1.4.2.1 preventing access
         to those sections of the parts that are
         not used in the work,
                                 28
 ---pagebreak---                — adjustable guards, complying with requi-     89/392/EEC
                    rements 1.4.1 and 1.4.23 restricting ac-
                    cess to those sections of the moving
                    parts that are strictly for the wort
1.4.     Required characteristics of guards and protection
         devices
1.4.1.   General requirement
         Guards and protection devices must:
         — be of robust construction,
         — not give rise to any additional risk,
         — not be easy to by-pass or render non-
               operational,
         — be located at an adequate distance from the
               danger zone,
         — cause minimum obstruction to the view of the
               production process,
         — enable essential work to be carried out on
               installation and/or replacement of tools and
               also for maintenance by restricting access
               only to the area where the work has to be
               done, if possible without the guard or protec-
               tion device having to be dismantled.
1.4.2.   Special requirements for guards
1.4.2.1. F i x e d   guards
         Fixed guards must 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.
1.4.2.2. M o v a b l e    guards
         A. Type A movable guards must:
               — 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.
                                              29
 ---pagebreak---         B.   Type B movable guards must be designed and      89/392/EEC
             incorporated into the control system so that:
             — moving parts cannot start up while they
                   are within the operator's reach,
             — the exposed person cannot reach moving
                   parts once they have started up,
             — 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 risk of ejection is
                   proved by means of an appropriate
                   barrier.
1.4.23. A d j u s t a b l e   guards          restricting
        access
        Adjustable guards restricting access to those areas
        of the moving parts strictly necessary for the work
        must:
        — be adjustable manually or automatically ac-
             cording to the type of work involved,
        — be readily adjustable without the use of tools,
        — reduce as far as possible the risk of ejection.
1.43.   Special requirements for protection devices
        Protection devices must be designed and incorpo-
        rated into the control system so that:
        — moving parts cannot start up while they are
             within the operator's reach,
        — the exposed person cannot reach moving
             parts once they have started up,
        — 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 compo-
             nents prevents starting or stops the moving
             parts.
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.
                                           30
 ---pagebreak---        The specific rules in force relating to electrical       89/392/EEC
       equipment designed for use within certain voltage
       limits must apply to machinery which is subject to
       those limits.
152.   Static electricity
       Machinery must be so designed and constructed as
       to prevent or limit the build-up of potentially dan-
       gerous electrostatic charges and/or be fitted with a
       discharging system.
1.53.  Energy supply other than electricity
       Where machinery is powered by an energy other
       than electricity (e.g. hydraulic, pneumatic or ther-
       mal energy, etc), it must be so designed,
       constructed and equipped as to avoid all potential
       hazards associated with these types of energy.
15 A.  Errors of fitting
        Errors, likely to be made when fitting or refitting
       certain parts which could be a source of risk 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 in-
        formation must be given on moving parts and/or
        their housings where the direction of movement
        must be known to avoid a risk. Any further in-
        formation that may be necessary must be given in
        the instructions.
        Where a faulty connection can be the source of
        risk, incorrect fluid connections, including electrical
        conductors, must be made impossible by the de-
        sign or, failing this, by information given on the
        pipes, cables, etc. and/or connector blocks.
1.5.5.  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 risk exists, the nec-
         essary steps must be taken to prevent it or, if this
         is not technically possible, to render it non-
         dangerous.
                                            31
 ---pagebreak--- 1.5.6. Fire                                                     89/392/EEC
         Machinery must be designed and constructed to
         avoid all risk of fire or overheating posed by the
         machinery itself or by gases, liquids, dusts, vapours
         or other substances produced or used by the
         machinery.
15.1. Explosion
         Machinery must be designed and constructed to
         avoid any risk of explosion posed by the machin-
         ery itself or by gases, Uquids, dusts, vapours or
         other substances produced or used by the
         machinery.
         To that end the manufacturer must take steps to:
         — avoid a dangerous concentration of products,
         — prevent combustion of the potentially explo-
               sive atmosphere,
         — minimize any explosion which may occur so
               that it does not endanger the surroundings.
         The same precautions must be taken if the
         manufacturer foresees the use of the machinery in
         a potentially explosive atmosphere.
         Electrical equipment forming part of the machin-
         ery must conform, as far as the risk from explosion
         is concerned, to the provision of the specific Di-
         rectives in force.
1.5.8. Noise
         Machinery must be so designed and constructed
         that risks resulting from the emission of airborne
         noise are reduced to the lowest level taking ac-
         count of technical progress and the availability of
         means of reducing noise, in particular at source.
 1.5.9. Vibration
          Machinery must be so designed and constructed
          that risks resulting from vibrations produced by
          the machinery are reduced to the lowest level, tak-
          ing account of technical progress and the availabil-
          ity of means of reducing vibration, in particular at
          source.
 1.5.10. Radiation
          Machinery must be so designed and constructed
          that any emission of radiation is limited to the ex-
          tent necessary for its operation and that the effects
          on exposed persons are non-existent or reduced to
          non-dangerous proportions.
 15.11. External radiation
          Machinery must be so designed and constructed
           that external radiation does not interfere with its
           operation.
                                            32
 ---pagebreak--- 1.5.12. Laser equipment                                       89/392/EEC
        Where laser equipment is used, the following pro-
        visions should be taken into account:
        — laser equipment on machinery must be de-
              signed and constructed so as to prevent any
              accidental radiation,
        — laser equipment on machinery must be pro-
              tected so that effective radiation, radiation
              produced by reflection or diffusion and sec-
              ondary radiation do not damage health,
        — optical equipment for the observation or ad-
              justment of laser equipment on machinery
              must be such that no health risk is created by
              the laser rays.
1.5.13. Emissions of dust, gases, etc.
        Machinery must be so designed, constructed and/
        or equipped that risks due to gases, liquids, dust
        vapours and other waste materials which it pro-
        duces can be avoided.
        Where a hazard exists, the machinery must be so
        equipped that the said substances can be contained
        and/or evacuated.
        Where machinery is not enclosed during normal
        operation, the devices for containment and/or
        evacuation must be situated as close as possible to
        the source emission.
1.5.14. Risk of being trapped in a machine                    93/44/EEC - Art l(10)(e)
        Machinery must be designed, constructed or fitted
        with a means of preventing an exposed person
        from being enclosed within it or, if that is impossi-
        ble, with a means of summoning help.
1.5.15. Risk of slipping tripping or falling
        Parts of the machinery where persons are liable to
        move about or stand must be designed and
        constructed to prevent persons slipping, tripping or
        falling on or off these parts.
1.6.    Maintenance                                           89/392/EEC
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, re-
        pair, cleaning and servicing operations while ma-
        chinery is at a standstill.
        If one or more of the above conditions cannot be
        satisfied for technical reasons, these ope- tions
        must be possible without risk (see 1.2.5).
                                          33
 ---pagebreak---        In the case of automated machinery and, where          89/392/EEC
       necessary, other machinery, the manufacturer must
       make provision for a connecting device for mount-
       ing diagnostic fault-finding equipment.
       Automated machine components which have to be
       changed frequently, in particular for a change in
       manufacture or where they are liable to wear or
       likely to deteriorate following an accident, must be
       capable of being removed and replaced easily and
       in safety. Access to the components must enable
       these tasks to be carried out with the necessary
       technical means (tools, measuring instruments,
       etc.) in accordance with an operating method spe-
       cified by the manufacturer.
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
       safety to all areas used for production, adjustment
       and maintenance operations.
1.63.  Isolation of energy sources
       All machinery must be fitted with means to isolate
       it from all energy sources. Such isolators must be
       clearly identified. They must be capable of being
       locked if reconnection could endanger exposed
       persons. In the case of machinery supplied with
       electricity through a plug capable of being plugged
       into a circuit separation of the plug is sufficient
       The isolator must be capable of being locked also
       where an operator is unable, from any of the
       points to which he has access, to check that the
       energy is still cut off.
       After the energy is cut off, it must be possible to
       dissipate normally any energy remaining or stored
       in the circuits of the machinery without risk to ex-
       posed persons.
       As an exception to the above requirements, certain
       circuits may remain connected, to their energy
       sources in order, for example, to hold parts, pro-
        tect information, light interiors, etc. In this case,
        special steps must be taken to ensure operator
        safety.
1.6.4.  Operator intervention
        Machinery must be so designed, constructed and
        equipped that the need for operator intervention is
        limited.
                                          34
 ---pagebreak---        If operator intervention cannot be avoided, it must  89/392/EEC
       be possible to carry it out easily and in safety.
1.6.5. Cleaning of internal parts                           91/368/EEC - Art l(6)(b)
       The machinery must be designed and constructed
       in such a way that it is possible to clean internal
       parts which have contained dangerous substances
       or preparations without entering them; any neces-
       sary unblocking must also be possible from the
       outside. If it is absolutely impossible to avoid en-
       tering the machinery, the manufacturer must take
       steps during its construction to allow cleaning to
       take place with the minimum of danger.
1.7.   Indicators                                           89/392/EEC
1.7.0. Information devices
       The information needed to control machinery must
       be unambiguous and easily understood
       It must not be excessive to the extent of overload-
       ing the operator.
       Where the health and safety of exposed persons       91/368/EEC - Art l(6)(c)
       may be endangered by a fault in the operation of
       unsupervised machinery, the machinery must be
       equipped to give an appropriate acoustic or light
       signal as a warning.
1.7.1.  Warning devices                                     89/392/EEC
       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 op-
       eration of such warning devices at all times.
       The requirements of the specific Directives con-
        cerning colours and safety signals must be com-
        plied with.
1.7.2.  Warning of residual risks
        Where risks remain despite all the measures
        adopted or in the case of potential risks which are
        not evident (e.g. electrical cabinets, radioactive
        sources, bleeding of a hydraulic circuit hazard in
        an unseen area, etc.), the manufacturer must pro-
        vide warnings.
        Such warnings should preferably use readily under-
        standable pictograms and/or be drawn up in one
        of the languages of the country in which the ma-
        chinery is to be used, accompanied, on request, by
        the languages understood by the operators.
                                           35
 ---pagebreak--- 1.73. Marking                                                 89/392/EEC
        All machinery must be marked legibly and indeli-
        bly with the following minimum particulars:
        — name and address of the manufacturer,
        — the CE marking (see Annex HI),                      93/68/EEC - Art 6(7)(a)
        — designation of series or type,                      89/392/EEC
        — serial number, if any,
        — the year of construction.                           93/68/EEC - Art 6(7)(b)
        Furthermore, where the manufacturer constructs        89/392/EEC
        machinery intended for use in a potentially explo-
        sive 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. maxi-
        mum speed of certain rotating parts, maximum di-
        ameter of tools to be fitted, mass, etc.).
        Where a machine part must be handled during use       91/368/EEC - Art l(6)(d)
        with lifting equipment its mass must be indicated
        legibly, indelibly and unambiguously.
        The interchangeable equipment referred to in the
        third indent of Article 1 (2) (a), must bear the
        same information.
1.7.4. Instructions                                           89/392/EEC
        (a) Ail machinery must be accompanied by
              instructions including at least the following:
              — a repeat of the information with which        93/44/EEC - Art l(l0)(g)
                    the machinery is marked, except the se-
                    rial number (see 1.7.3) together with any
                    appropriate additional information to fa-
                    cilitate maintenance (e.g. addresses of
                    the importer, repairers, etc.),
              — foreseen use of the machinery within the      89/392/EEC
                    meaning of 1.1.2 (c),
              — workstation(s) likely to be occupied by
                    operators,
              — instructions for safe:
                    — putting into service,
                    — use,
                    — handling, giving the mass of the
                           machinery and its various parts
                          where they are regularly to be
                           transported separately,
                                            36
 ---pagebreak---           — assembly, dismantling,                    89/392/EEC
          —      adjustment,
          — maintenance (servicing and repair),
    — where necessary, training instructions,
    — where necessary, the essential characte-        91/368/EEC - Art. l(6)(e)
          ristics of tools which may be fitted to the
          machinery.
    Where necessary, the instructions should draw     89/392/EEC
    attention to ways in which the machinery
    should not be used.
(b) The instructions must be drawn up in one of       93/44/EEC - Art l(10)(h)
    the Community languages by the manufactur-
    er or his authorized representative established
    in the Community. On being put into service,
    all machinery must be accompanied by a
    translation of the instructions in the language
    or languages of the country in which the ma-
    chinery is to be used and by the instructions
    in the original language. This translation must
    be done either by the manufacturer or his au-
    thorized representative established in the
    Community or by the person introducing the
    machinery into the language area in question.
    By way of derogation from this requirement
    the maintenance instructions for use by spe-
    cialized personnel employed by the manufac-
    turer or his authorized representative estab-
    lished in the Community may be drawn up in
    only one of the Community languages under-
    stood by that personnel.
(c) The instructions must contain the drawings        89/392/EEC
    and diagrams necessary for putting into ser-
    vice, maintenance, inspection, checking of cor-
    rect operation and, where appropriate, repair
    of the machinery, and all useful instructions
    in particular with regard to safety.
(d) Any literature describing the machinery must      93/44/EEC - Art l(10)(i)
    not contradict the instructions as regards safe-
     ty aspects. The technical documentation de-
    scribing the machinery must give information
     regarding the airborne noise emissions re-
     ferred to in (f) and, in the case of hand-held
     and/or hand-guided machinery, information
     regarding vibration as referred to in 2.2.
                                   37
 ---pagebreak---  (e) Where necessary, the instructions must give      89/392/EEC
     the requirements relating to installation and
     assembly for reducing noise or vibration (e.g.
     use of dampers, type and mass of foundation
     block, etc.).
(f) The instructions must give the following in-
     formation concerning airborne noise emis-
     sions by the machinery, either the actual val-
     ue or a value established on the basis of
     measurements made on identical machinery:
     — equivalent continuous A-weighted sound
           pressure level at workstations, where this
           exceeds 70 dB(A); where this level does
           not exceed 70 dB(A), this fact must be
           indicated,
     — peak C-weighted instantaneous sound
           pressure value at workstations, where
           this exceeds 63 Pa (130 dB in relation to
           20 uPa),
     — sound power level emitted by the machi-
           nery where the equivalent continuous
          A-weighted sound pressure level at work-
           stations exceeds 85 dB(A).
     In the case of very large machinery, instead
     of the sound power level, the equivalent con-
     tinuous sound pressure levels at specified
     positions around the machinery may be
     indicated.
     Where the harmonized standards are not ap-       91/368/EEC - Art. l(6)(f)
     plied, sound levels must be measured using
     the most appropriate method for the
     machinery.
     The manufacturer must indicate the operating     89/392/EEC
     conditions of the machinery during measure-
     ment and what methods have been used for
     the measurement.
     Where the workstation(s) are undefined or
     cannot be defined, sound pressure levels must
     be measured at a distance of 1 metre from
     the surface of the machinery and at height of
     1,60 metres from the floor or access platform.
     The position and value of the maximum
     sound pressure must be indicated.
(g) If the manufacturer foresees that the machin-
     ery will be used in a potentially explosive at-
     mosphere, the instructions must give all the
     necessary information.
                                 38
 ---pagebreak---        (h) In the case of machinery which may also be          89/392/EEC
             intended for use by non-professional opera-
             tors, the wording and layout of the instruc-
             tions for use, whilst respecting the other es-
             sential requirements mentioned above, must
             take into account the level of general educa-
             tion and acumen that can reasonably be ex-
             pected from such operators.
2.   ESSENTIAL           HEALTH          AND         SAFETY    93/44/EEC - Art 1(10)0)
     REQUIREMENTS FOR CERTAIN CATEGORIES
     OF MACHINERY
2.1.   Agri-foodstuffs machinery                               89/392/EEC
       Where machinery is intended to prepare and pro-
       cess foodstuffs (e.g. cooking, refrigeration, thawing,
       washing, handling, packaging, storage, transport or
       distribution), it must be so designed and
       constructed as to avoid any risk of infection, sick-
       ness or contagion and 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 Direc-
              tives. The machinery must be so designed and
              constructed that these materials can 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;
        (c) assemblies must be designed m such a way as
              to reduce projections, edges and recesses to a
              minimum. They should preferably be made by
              welding or continuous bonding. Screws, scre-
             wheads and rivets may riot be used except
              where technically unavoidable;
        (d) ail 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);
                                            39
 ---pagebreak---      (f) machinery must be so designed and                  89/392/EEC
           constructed as to prevent any liquids or living
           creatures, in particular insects, entering, or
           any organic matter accumulating in areas that
           cannot be cleaned (e.g. for machineiy not
           mounted on feet or casters, by placing a seal
           between the machinery and its base, by the
           use of sealed units, etc);
     (g) machinery must be so designed and
           constructed that no ancillary substances (e.g.
           lubricants, etc) can come into contact with
           foodstuffs. Where necessary, machinery must
           be designed and constructed so that continu-
            ing compliance with this requirement can be
           checked.
     Instructions
     In addition to the information required in section
     1, the instructions 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
     unadvisable, such as piping, have to be cleaned in
     situ).
2.2. Portable        hand-held      and/or    hand-guided
     machinery
     Portable hand-held and/or hand-guided machinery
     must conform to the following essential health and
     safety requirements:
     — according to the type of machinery, it must
            have a supporting surface of sufficient size
            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 foreseen by the
            manufacturer,
     — except where technically impossible or where
            there is an independent control, in the case
            of handles which cannot be released in com-
            plete 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 risks of accidental starting
             and/or continued operation after the operator
             has released the handles. Equivalent steps
             must be taken if this requirement is not tech-
             nically feasible,
                                          40
 ---pagebreak---     — portable hand-held machinery must be de-               89/392/EEC
         signed and constructed to allow, where neces-
         sary, a visual check of the contact of the tool
         with the material being processed
    Instructions
    The instructions must give the following informa-
    tion concerning vibrations transmitted by hand-
    held and hand-guided machinery:
    — the weighted root mean square acceleration
         value to which the arms are subjected, if it
         exceeds 2,5 m/s2 as determined by the ap-
         propriate test code. Where the acceleration
          does not exceed 2,5 m/s2, this must be
          mentioned.
    If there is no applicable test code, the manufactur-
    er must indicate the measurement methods and
    conditions under which measurements were made.
23. Machinery for working wood and analogous ma-
    terials
    Machinery for working wood and machineiy for
    working materials with physical and technological
    characteristics similar to those of wood, such as
    cork, bone, hardened rubber, hardened plastic ma-
    terial and other similar stiff material must conform
    to the following essential health and safety
    requirements:
    (a) the machineiy must 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
          must be sufficiently stable during the work
          and must not impede the movement of the
          piece;
    (b) where the machineiy is likely to be used in
          conditions involving the risk of ejection of
          pieces of wood, it must be designed,
          constructed or equipped to eliminate this
          ejection, or, if this is not the case, so that the
          ejection does not engenderrisksfor the oper-
          ator and/or exposed persons;
    (c) the machinery must be equipped with an au-
          tomatic brake that stops the tool in a suffi-
          ciently short time if there is a risk of contact
          with the tool whilst it runs down;
     (d) where the tool is incorporated into a non-ful-
          ry automated machine, the latter must be so
          designed and constructed as to eliminate or
          reduce the risk of serious accidental injury,
          for example by using cylindrical cutter blocks,
          restricting depth of cut etc.
                                         41
 ---pagebreak---         ESSENTIAL         HEALTH         AND        SAFETY    91/368/EEC - Art. l(6)(g)
        REQUIREMENTS             TO       OFFSET        THE
        PARTICULAR HAZARDS DUE TO THE
        MOBILITY OF MACHINERY
        Machinery presenting hazards due to mobility          93/44/EEC - Art 1(10)(1)
        must be designed and constructed to meet the re-
        quirements set out below.
        Risks due to mobility always exist in the case of     91/368/EEC - Art l(6)(g)
        machinery which is self-propelled, towed or pushed
        or carried by other machineiy or tractors, is oper-
        ated in working areas and whose operation re-
        quires either mobility while working, be it continu-
        ous or semi-continuous movement, between a
        succession of fixed working positions.
        Risks due to mobility may also exist in the case of
        machinery operated without being moved, but
        equipped in such a way as to enable it to be
        moved more easily from one place to another (ma-
        chinery fitted with wheels, rollers, runners, etc. or
        placed on gantries, trolleys, etc).
        In order to verify that rotary cultivators and power
        harrows do not present unacceptable risks to the
        exposed persons, the manufacturer or his autho-
        rized representative established within the Com-
        munity must for each type of machinery con-
        cerned, perform the appropriate tests or have such
        tests performed.
3.1.    General
3.1.1. Definition
        'Driver' means an operator responsible for the
        movement of machinery. The driver may be trans-
        ported by the machinery or may be on foot, ac-
        companying the machinery, or may be guiding the
        machinery by remote control (cables, radio, etc.).
3.1.2. Lighting
        If intended by the manufacturer to be used in
        dark places, self-propelled machinery must be
        fitted with a lighting device appropriate to the
        work to be carried out without prejudice to any
        other regulations applicable (road traffic regula-
        tions, navigation rules, etc.).
3.13.   Design of machinery to facilitate its handling
        During the handling of the machine and/or its
        parts, there must be no possibility of sudden
        movements or of hazards due to instability as long
        as the machine and/or its parts are handled in ac-
        cordance with the manufacturer's instructions.
                                           42
 ---pagebreak--- 3.2.  Work stations                                         91/368/EEC - Art. l(6)(g)
32.1. Driving position
      The driving position must be designed with due
      regard to ergonomie principles. There may be two
      or more driving positions and, in such cases, each
      driving position must be provided with all the req-
      uisite controls. Where there is more than one driv-
      ing position, the machineiy must be designed so
      that the use of one of them precludes the use of
      the others, except in emergency stops. Visibility
      from the driving position must be such that the
      driver can in complete safety for himself and the
      exposed persons, operate the machinery and its
      tools in their intended conditions of use. Where
      necessary, appropriate devices must be provided to
      remedy hazards due to inadequate direct vision.
      Machinery must be so designed and constructed
      that, from the driving position, there can be no
      risk to the driver and operators on board from in-
      advertent contact with the wheels 01 tracks.
      The driving position must be designed and
      constructed so as to avoid any health risk due to
      exhaust gases and/or lack of oxygen.
      The driving position of ride-on drivers must be so
      designed and constructed that a driver's cab may
      be fitted as long as there is room. In that case, the
      cab must incorporate a place for the instructions
      needed for the driver and/or operators. The driv-
      ing position must be fitted with an adequate cab
      where there is a hazard due to a dangerous
      environment.
      Where the machinery is fitted with a cab, this
       must be designed, constructed and/or equipped to
      ensure that the driver has good operating condi-
       tions and is protected against any hazards that
       might exist (for instance: inadequate heating and
      ventilation, inadequate visibility, excessive noise
       and vibration, falling objects, penetration by ob-
      jects, rolling over, etc.). The exit must allow rapid
       evacuation. Moreover, an emergency exit must be
       provided in a direction which is different from the
       usual exit
       The materials used for the cab and its fittings
       must be fire-resistant
                                          43
 ---pagebreak--- 3.22.  Seating                                                91/368/EEC - Art. l(6)(g)
       The driving seat of any machineiy must enable the
       driver to maintain a stable position and be de-
       signed with due regard to ergonomie principles.
        The seat must be designed to reduce vibrations
        transmitted to the driver to the lowest level that
        can be reasonably achieved. The seat mountings
        must withstand all stresses to which they can be
        subjected, notably in the event of rollover. Where
        there is no floor beneath the driver's feet, the
        driver must have footrests covered with a slip-re-
        sistant material.
        Where machinery is fitted with provision for a rol-
        lover protection structure, the seat must be
        equipped with a safety belt or equivalent device
        which keeps the driver in his seat without restrict-
        ing any movements necessary for driving or any
        movements caused by the suspension.
 3.23. Other places
        If the conditions of use provide that operators oth-
        er than the driver are occasionally or regularly
        transported by the machinery, or work on it, ap-
        propriate places must be provided which enable
        them to be transported or to work on it without
         risk, particularly the risk of falling.
        Where the working conditions so permit these
        work places must be equipped with seats.
         Should the driving position have to be fitted with
         a cab, the other places must also be protected
         against the hazards which justified the protection
         of the driving position.
3.3.     Controls
3.3.1.   Control devices
         The driver must be able to actuate all control de-
         vices required to operate the machinery from the
         driving position, except for functions which can be
         safely activated only by using control devices lo-
         cated away from the driving position. This refers
         in particular to working positions other than the
         driving position, for which operators other than
         the driver are responsible or for which the driver
         has to leave his driving position in order to carry
         out the manoeuvre in safety.
         Where there are pedals they must be so designed,
         constructed and fitted to allow operation by the
         driver in safety with the minimum risk of confu-
         sion; they must have a slip-resistant surface and be
         easy to clean.
                                              44
 ---pagebreak---           Where their operation can lead to hazards, notably    91/368/EEC - Art. l(6)(g)
          dangerous movements, the machinery's controls,
          except for those with preset positions, must return
          to the neutral position as soon as they are released
          by the operator.
          In the case of wheeled machinery, the steering sys-
          tem must be designed and constructed to reduce
          the force of sudden movements of the steering
          wheel or steering lever caused by shocks to the
          guide wheels.
          Any control that locks the differential must be so
          designed and arranged that it allows the differen-
          tial to be unlocked when the machinery is moving.
          The last sentence of section 1.2.2 does not apply
          to the mobility function.
33.2. Starting/moving
          Self-propelled machinery with a ride-on driver
          must be so equipped as to deter unauthorized per-
          sons from starting the engine.
          Travel movements of self-propelled machinery with
          a ride-on driver must be possible only if the driver
          is at the controls.
          Where, for operating purposes, machinery must be
          fitted with devices which exceed its normal clear-
          ance zone (e.g. stabilizers, jib, etc.), the driver
          must be provided with the means of checking easi-
          ly, before moving^ the machinery, that such devices
          are in a particular position which allows safe
          movement
          This also applies to all other parts which, to allow
          safe movement have to be in particular positions,
          locked if necessary.
          Where it is technically and economically feasible,
          movement of the machinery must depend on safe
          positioning of the aforementioned parts.
          It must not be possible for movement of the ma-
          chinery to occur while the engine is being started.
3 3 3 . Travelling*function
           Without prejudice to the provisions of road traffic
           regulations, self-propelled machinery and its trail-
           ers must meet the requirements for slowing down,
           stopping, braking and immobilization so as to en-
           sure safety under all the operating, loading, speed,
           ground and gradient conditions allowed for by the
           manufacturer and corresponding to conditions en-
           countered in normal use.
                                             45
 ---pagebreak---       The driver must be able to slow down and stop        91/368/EEC - Art. l(6)(g)
      self-propelled machinery by means of a main de-
      vice. Where safety so requires in the event of a
      failure of the main device, or in the absence of the
      energy supply to actuate the main device, an emer-
      gency device with fully independent and easily ac-
      cessible controls must be provided for slowing
      down and stopping.
      Where safety so requires, a parking device must be
      provided to render stationary machinery immobile.
      This device may be combined with one of the de-
      vices referred to in the second paragraph, provided
      that it is purely mechanical.
      Remote-controlled machinery must be designed
      and constructed to stop automatically if the driver
      loses control.
      Section 1.2.4 does not apply to the travelling
      function.
33.4. Movement of pedestrian-controlled machinery
      Movement of pedestrian-controlled self-propelled
      machinery must be possible only through sustained
      action on the relevant control by the driver. In
      particular, it must not be possible for movement to
      occur while the engine is being started.
      The control systems for pedestrian-controlled ma-
      chinery must be designed to minimize the hazards
      arising from inadvertent movement of the machine
      towards the driver. In particular:
      (a) crushing;
      (b) injury from rotating tools.
      Also, the speed of normal travel of the machine
      must be compatible with the pace of a driver on
      foot.
      In the case of machinery on which a rotary tool
      may be fitted, it must not be possible to actuate
      that tool when the reversing control is engaged,
      except where movement of the machinery results
      from movement of the tool. In the latter case, the
      reversing speed must be such that it does not en-
      danger the driver.
33.5. Control circuit failure
      A failure in the power supply to the power-as-
      sisted steering, where fitted, must not prevent ma-
       chinery from being steered during the time re-
       quired to stop it
                                         46
 ---pagebreak--- 3.4.   Protection against mechanical hazards                 91/368/EEC - Art. l(6)(g)
3.4.1. Uncontrolled movements
       When a part of a machine has been stopped, any
       drift away from the stopping position, for whatever
       reason other than action at the controls, must be
       such that it is not a hazard to exposed persons.
       Machineiy must be so designed, constructed and
       where appropriate placed on its mobile support as
       to ensure that when moved the uncontrolled os-
       cillations of its centre of gravity do not affect its
       stability or exert excessive strain on its structure.
3.4.2. Risk of break-up during operation
       Parts of machinery rotating at high speed which,
       despite the measures taken, may break up or disin-
       tegrate, must be mounted and guarded in such a
       way that, in case of breakage, their fragments will
       be contained or, if that is not possible, cannot be
       projected towards the driving and/or operation
       positions.
3.43. Rollover
       Where, in the case of self-propelled machinery
       with a ride-on driver and possibly ride-on opera-
       tors, there is a risk of rolling over, the machinery
       must be designed for and be fitted with anchorage
       points allowing it to be equipped with a rollover
       protective structure (ROPS).
       This structure must be such that in case of rolling
       over it affords the ride-on driver and where ap-
       propriate the ride-on operators an adequate
       deflection-limiting volume (DLV).
       In order to verify that the structure complies with
       the requirement laid down in the second para-
       graph, the manufacturer or his authorized repre-
       sentative established within the Community must,
       for each type of structure concerned, perform ap-
       propriate tests or have such tests performed.
       In addition, the earth-moving machinery listed be-
       low with a capacity exceeding 15 kW must be
       fitted with a rollover protective structure:
       — crawler loaders or wheel loaders,
       — backhoe loaders,
       — crawler tractors or wheel tractors,
       — scrapers, self-loading or not
        — graders,
        — articulated steer dumpers.
                                           47
 ---pagebreak--- 3.4.4. Falling objects                                      91/368/EEC - Art. l(6)(g)
       Where, in the case of machinery with a ride-on
       driver and possibly ride-on operators, there is a
       risk due to falling objects or material, the machin-
       ery should be designed for, and fitted with, if its
       size allows, anchorage points allowing it to be
       equipped with a falling-object protective structure
       (FOPS).
       This structure must be such that in the case of
       falling objects or material, it guarantees the ride-
       on operators an adequate deflection-limiting vol-
       ume (DLV).
       In order to verify that the structure complies with
       the requirement laid down in the second para-
       graph, the manufacturer or his authorized repre-
       sentative established within the Community must,
       for each type of structure concerned, perform ap-
       propriate tests or have such tests performed.
3.4.5. Means of access
       Handholds and steps must be designed,
       constructed and arranged in such a way that the
       operators use them instinctively and do not use
       the controls for that purpose.
3.4.6. Towing devices
       All machinery used to tow or to be towed must be
       fitted with towing or coupling devices designed,
       constructed and arranged to ensure easy and safe
       connection and disconnection, and to prevent acci-
       dental disconnection during use.
       In so far as the towbar load requires, such machin-
       ery must be equipped with a support with a bear-
       ing surface suited to the load and the ground.
3.4.7. Transmission of power between self-propelled ma-
       chinery (or tractor) and recipient machinery
       Transmission shafts with universal joints linking
       self-propelled machinery (or tractor) to the first
       fixed bearing of recipient machinery must be
       guarded on the self-propelled machinery side and
       the recipient machinery side over the whole length
       of the shaft and associated universal joints.
       On the side of the self-propelled machinery (or
       tractor), the power take-off to which the transmis-
       sion shaft is attached must be guarded either by a
       screen fixed to the self-propelled machinery (or
       tractor) or by any other device offering equivalent
       protection.
                                         48
 ---pagebreak---        On the towed machinery side, the input shaft must      91/368/EEC - Art. l(6)(g)
       be enclosed in a protective casing fixed to the
       machinery.
       Torque limiters or freewheels may be fitted to uni-
       versal joint transmissions only on the side adjoin-
       ing the driven machine. The universal-joint trans-
       mission shaft must be marked accordingly.
       All towed machinery whose operation requires a
       transmission shaft to connect it to self-propelled
       machinery or a tractor must have a system for at-
       taching the transmission shaft so that when the
       machineiy is uncoupled the transmission shaft and
       its guard are not damaged by contact with the
       ground or part of the machineiy.
       The outside parts of the guard must -be so de-
       signed, constructed and arranged that they cannot
       turn with the transmission shaft. The guard must
       cover the transmission shaft to the ends of the in-
       ner jaws in the case of simple universal joints and
       at least to the centre of the outer joint or joints in
       the case of 'wide-angle' universal joints.
       Manufacturers providing means of access to work-
       ing positions near to the universal joint transmis-
       sion shaft must ensure that shaft guards as de-
       scribed in the sixth paragraph cannot be used as
       steps unless designed and constructed for that
       purpose.
3.4.8. Moving transmission parts
       By way of derogation from section 13.8.A, in the
       case of internal combustion engines, removable
       guards preventing access to the moving parts in
       the engine compartment need not have locking de-
       vices if they have to be opened either by the use
       of a tool or key or by a control located in the
       driving position if the latter is in a fully enclosed
       cab with a lock to prevent unauthorized access.
                                          49
 ---pagebreak--- 3.5.    Protection against other hazards                    91/368/EEC - Art l(6)(g)
3.5.1. Batteries
        The battery housing must be constructed and lo-
        cated and the battery installed so as to avoid as
        far as possible the chance of electrolyte being
        ejected on to the operator in the event of rollover
        and/or to avoid the accumulation of vapours in
        places occupied by operators.
        Machinery must be so designed and constructed
        that the battery can be disconnected with the aid
        of an easily accessible device provided for that
        purpose.
3.5.2. Fire
        Depending on the hazards anticipated by the
        manufacturer when in use, machinery must, where
        its size permits:
        — either allow easily accessible fire extinguishers
              to be fitted,
        — or be provided with built-in extinguisher
              systems.
3.5.3.  Emissions of dust, gases, etc.
        Where such hazards exist, the containment equip-
        ment provided for in section 1.5.13 may be re-
        placed by other means, for example precipitation
        by water spraying.
        The second and third paragraphs of section 1.5.13
        do not apply where the main function of the ma-
        chinery is the spraying of products.
3.6.    Indications
3.6.1.  Signs and warning
        Machinery must have means of signalling and/or
        instruction plates concerning use, adjustment and
        maintenance, wherever necessary, to ensure the
        health and safety of exposed persons. They must
        be chosen, designed and constructed in such a way
        as to be clearly visible and indelible.
        Without prejudice to the requirements to be ob-
        served for travelling on the public highway, ma-
        chinery with a ride-on driver must have the follow-
        ing equipment:
        — an acoustic warning device to alert exposed
              persons,
        — a system of light signals relevant to the in-
               tended conditions of use such as stop lamps,
               reversing lamps and rotating beacons. The
               latter requirement does not apply to machin-
               ery intended solely for underground working
               and having no electrical power.
                                          50
 ---pagebreak---        Remote-controlled machinery which under normal         91/368/EEC - Art. l(6)(g)
       conditions of use exposes persons to the hazards
       of impact or crushing must be fitted with appropri-
       ate means to signal its movements or with means
       to protect exposed persons against such hazards.
       The same applies to machinery which involves,
       when in use, the constant repetition of a forward
       and backward movement on a single axis where
       the back of the machine is not directly visible to
       the driver.
       Machinery must be so constructed that the warn-
       ing and signalling devices cannot all be disabled
       unintentionally. Where this is essential for safety,
       such devices must be provided with the means to
       check that they are in good working order and
       their failure must be made apparent to the
       operator.
       Where the movement of machinery or its tools is
       particularly hazardous, signs on the machinery
       must be provided to warn against approaching the
       machineiy while it is working; the signs must be
       legible at a sufficient distance to ensure the safety
       of persons who have to be in the vicinity.
3.6.2. Marking
       The minimum requirements set out in 1.7.3 must
       be supplemented by the following:
       — nominal power expressed in kW,
       — mass in kg of the most usual configuration
             and, where appropriate:
             — maximum drawbar pull provided for by
                   the manufacturer at the coupling hook,
                   inN,
             — maximum vertical load provided for by
                   the manufacturer on the coupling hook,
                   inN.
3.6.3. Instruction handbook
       Apart from the minimum requirements set out in
        1.7.4; the instruction handbook must contain the
        following'information:
        (a) regarding the vibrations emitted by the ma-
             chinery, either the actual value or a figure
             calculated from measurements performed on
              identical machinery:
             — the weighted root mean square accelera-
                   tion value to which the arms are subjec-
                   ted, if it exceeds 2,5 m/s2; should it not
                   exceed 2,5 m/s2, this must be mentioned,
                                           51
 ---pagebreak---              — the weighted root mean square accelera-         91/368/EEC - Art l(6)(g)
                    tion value to which the body (feet or
                    posterior) is subjected, if it exceeds
                    0,5 m/s2; should it not exceed 0,5 m/s2,
                    this must be mentioned.
       Where the harmonized standards are not applied,
       the vibration must be measured using the most ap-
       propriate method for the machinery concerned.
       The manufacturer must indicate the operating
       conditions of the machineiy during measurement
       and which methods were used for taking the mea-
       surements;
       (b) in the case of machineiy allowing several uses
             depending on the equipment used, manufac-
             turers of basic machinery to which inter-
             changeable equipment may be attached and
             manufacturers of the interchangeable equip-
             ment must provide the necessary information
             to enable the equipment the be fitted and
             used safely.
4.     ESSENTIAL            HEALTH        AND       SAFETY
       REQUIREMENTS                TO      OFFSET       THE
       PARTICULAR HAZARDS DUE TO A LIFTING
       OPERATION
        Machineiy presenting hazards due to lifting opera-     93/44/EEC - Art l(10)(m)
        tions — mainly hazards of load falls and collisions
        or hazards of tippinp caused by a lifting operation
       — must be designed and constructed to meet the
        requirements set out Hlow.
        Risks due to a lifting operation exist particularly in 91/368/EEC - Art l(6)(g)
        the case of machinery designed to move a unit
        load involving a change in level during the move-
        ment The load may consist of objects, materials
        or goods.
4.1.    General remarks
4.1.1. Definitions
        (a) lifting accessories:
              'lifting accessories' means components or
              equipment not attached to the machine and
              placed between the machinery and the load
              or on the load in order to attach it;
         (b) separate lifting accessories:
              'separate lifting accessories' means accessories
              which help to make up or use a slinging de-
              vice, such as eyehooks, shackles, rings, eye-
              bolts, etc.;
                                             52
 ---pagebreak---          (c) guided load:                                      91/368/EEC - Art l(6)(g)
               'guided load' means the load where the total
               movement is made along rigid or flexible
               guides, whose position is determined by fixed
               points;
         (d) working coefficient:
               'working coefficient' means the arithmetic ra-
               tio between the load guaranteed by the
               manufacturer up to which a piece of equip-
               ment, an accessory or machinery is able to
               hold it and the maximum working load
               marked on the equipment, accessory or ma-
               chinery respectively;
         (e) test coefficient:
               'test coefficient' means the arithmetic ratio
               between the load used to carry out the static
               or dynamic tests on a piece of equipment, an
               accessory or machineiy and the maximum
               working load marked on the piece of equip-
               ment, accessory or machinery,
         (f) static test
               'static test' means the test during which the
               machineiy or the lifting accessory is first in-
               spected and subjected to a force correspond-
               ing to the maximum working load multiplied
               by the appropriate static test coefficient and
               then re-inspected once the said load has been
               released to ensure no damage has occurred;
         (g) dynamic test
               'dynamic test' means the test during which
               the machinery is operated in all its possible
               configurations at maximum working load with
               account being taken of the dynamic behaviour
               of the machinery in order to check that the
               machineiy and safety features are functioning
               properly.
4.1.2.   Protection, against mechanical hazards
4.1.2.1. R i s k s due to l a c k of        stability
         Machinery must be so designed and constructed
         that the stability required in 1.3.1 is maintained
         both in service and out of service, including all
         stages of transportation, assembly and disman-
         tling, during foreseeable component failures and
         also during the tests carried out in accordance
         with the instruction handbook.
                                            53
 ---pagebreak---          To that end, the manufacturer or his authorized        91/368/EEC - Art l(6)(g)
         representative established within the Community
         must use the appropriate verification methods; in
         particular, for self-propelled industrial trucks with
         lift exceeding 1,80 m, the manufacturer or his au-
         thorized representative established within the
         Community must, for each type of industrial truck
         concerned, perform a platform stability test or sim-
         ilar test, or have such tests performed.
4.1.2.2. G u i d e r a i l s and r a i l   tracks
         Machineiy must be provided with devices which
         act on the guide rails or tracks to prevent
         derailment.
         However, if derailment occurs despite such de-
         vices, or if there is a failure of a rail or of a run-
         ning component, devices must be provided which
         prevent the equipment, component or load from
         falling or the machine overturning.
4.1.23. M e c h a n i c a l   strength
         Machinery, lifting accessories and removable com-
         ponents must be capable of withstanding the
         stresses to which they are subjected, both in and,
         where applicable, out of use, under the installation
         and operating conditions provided for by the
         manufacturer, and in all relevant configurations,
         with due regard, where appropriate, to the effects
         of atmospheric factors and forces exerted by per-
         sons. This requirement must also be satisfied dur-
         ing transport, assembly and dismantling.
         Machinery and lifting accessories must be designed
         and constructed so as to prevent failure from fa-
         tigue or wear, taking due account of their intended
         use.
         The materials used must be chosen on the basis of
         the working environments provided for by the
         manufacturer, with special reference to corrosion,
         abrasion, impacts, cold brittleness and ageing.
         The machinery and the lifting accessories must be
         designed and constructed to withstand the over-
         load in the static tests without permanent de-
         formation or patent defect The calculation must
         take account of the values of the static test coeffi-
         cient chosen to guarantee an adequate level of
         safety: that coefficient has, as a general rule, the
         following values:
         (a) manually-operated machinery and lifting ac-
               cessories: 1,5;
                                             54
 ---pagebreak---          (b) other machinery: 1,25.                              91/368/EEC - Art l(6)(g)
         Machinery must be designed and constructed to
         undergo, without failure, the dynamic tests carried
         out using the maximum working load multiplied by
         the dynamic test coefficient This dynamic test co-
         efficient is chosen so as to guarantee an adequate
         level of safety: the coefficient is, as a general rule,
         equal to 1,1.
         The dynamic tests must be performed on machin-
         ery ready to be put into service under normal
         conditions of use. As a general rule, the tests will
         be performed at the nominal speeds laid down by
         the manufacturer. Should the control circuit of the
         machineiy allow for a number of simultaneous
         movements (for example, rotation and displace-
         ment of the load), the tests must be carried out
         under the least favourable conditions, Le. as a gen-
         eral rule, by combining the movements concerned.
4.1.2.4. P u l l e y s , d r u m s , c h a i n s o r r o p e s
         Pulleys, drums and wheels must have a diameter
         commensurate with the size of rope or chains with
         which they can be fitted.
         Drums and wheels must be so designed,
         constructed and installed that the ropes or chains
         with which they are equipped can wind round
         without falling off.
         Ropes used directly for lifting or supporting the
         load must not include any splicing other than at
         their ends (splicings are tolerated in installations
         which are intended from their design to be modi-
         fied regularly according to needs for use). Com-
         plete ropes and their endings have a working coef-
         ficient chosen so as to guarantee an adequate level
         of safety; as a general rule, this coefficient is equal
         to five.
          Lifting chains have a working coefficient chosen so
          as to guarantee an adequate level of safety; as a
         general rule, this coefficient is equal to four.
          In order to verify that an adequate working coeffi-
         cient has been attained, the manufacturer or his
          authorized representative established within the
          Community must for each type of chain and rope
          used directly for lifting the load, and for the rope
          ends, perform the appropriate tests or have such
          tests performed.
                                                55
 ---pagebreak--- 4.125. S e p a r a t e l i f t i n g accessories                 91/368/EEC - Art l(6)(g)
       Lifting accessories must be sized with due regard
       to fatigue and ageing processes for a number of
       operating cycles consistent with their expected life-
       span as specified in the operating conditions for a
       given application.
       Moreover
       (a) the working coefficient of the metallic rope/
             rope-end combination is chosen so as to guar-
             antee an adequate level of safety; this coeffi-
             cient is, as a general rule, equal to five.
             Ropes must not comprise any splices or loops
             other than at their ends;
       (b) where chains with welded links are used, they
             must be of the short-link type. The working
             coefficient of chains of any type is chosen so
             as to guarantee an adequate level of safety,
             this coefficient is, as a general rule, equal to
             four;
       (c) the working coefficient for textile ropes or
             slings is dependent on the material, method
             of manufacture, dimensions and use. This co-
             efficient is chosen so as to guarantee an ade-
             quate level of safety, it is, as a general rule,
             equal to seven, provided the materials used
             are shown to be of very good quality and the
             method of manufacture is appropriate to the
             intended use. Should this not be the case, the
             coefficient is, as a general rule, set at a high-
             er level in order to secure an equivalent level
             of safety.
             Textile ropes and slings must not include any
             knots, connections or splicing other than at
             the ends of the sling, except in the case of an
             endless sling;
        (d) all metallic components making up, or used
             with, a sling must have a working coefficient
              chosen so as to guarantee an adequate level
              of safety; this coefficient is, as a general rule,
              equal to four,
                                              56
 ---pagebreak---          (e) the maximum working capacity of a multi-            91/368/EEC - Art. l(6)(g)
               legged sling is determined on the basis of the
               safety coefficient of the weakest leg, the num-
               ber of legs and a reduction factor which de-
               pends on the slinging configuration;
         (f) in order to verify that an adequate working
               coefficient has been attained, the manufactur-
               er or his authorized representative established
               within the Community must, for each type of
               component referred to in (a), (b), (c) and (d)
               perform the appropriate tests or have such
               tests performed.
4.1.2.6. C o n t r o l of    movements
         Devices for controlling movements must act in
         such a way that the machineiy on which they are
         installed is kept safe:
         (a) machineiy must be so designed or fitted with
               devices that the amplitude of movement of its
               components is kept within the specified limits.
               The operation of such devices must where
               appropriate, be preceded by a warning;
         (b) where several fixed or rail-mounted machines
               can be manoeuvred simultaneously in the
               same place, with risks of collision, such ma-
               chines must be so designed and constructed
               as to make it possible to fit systems enabling
               these risks to be avoided;
         (c) the mechanisms of machinery must be so de-
               signed and constructed that the loads cannot
               creep dangerously or fall freely and unexpect-
               edly, even in the event of partial or total fail-
               ure of the power supply or when the operator
               stops operating the machine;
         (d) it must not be possible, under normal operat-
               ing conditions, to lower the load solely by
               friction brake, except in the case of machin-
               ery, whose function requires it to operate in
                that way,
         (e) holding devices must be so designed and
               constructed that inadvertent dropping of the
                loads is avoided.
4.1.2.7. H a n d l i n g of l o a d s
         The driving position of machinery must be located
         in such a way as to ensure the widest possible view
         of trajectories of the moving parts, in order to
          avoid possible collisions with persons or equipment
         or other machinery which might be manoeuvring
          at the same time and liable to constitute a hazard.
                                             57
 ---pagebreak---          Machinery with guided loads fixed in one place       91/368/EEC - Art. l(6)(g)
         must be designed and constructed so as to prevent
         exposed persons from being hit by the load or the
         counter-weights.
4.12.8. L i g h t n i n g
         Machineiy in need of protection against the effects
         of lightning while being used must be fitted with a
         system for conducting the resultant electrical
         charges to earth.
4.2.     Special requirements for machinery whose power
         source is other than manual effort
42.1. Controls
4.2.1.1. D r i v i n g   position
         The requirements laid down in section 3.2.1 also
         apply to non-mobile machinery.
4.2.1.2. S e a t i n g
         The requirements laid down in section 3.2.2, first
         and second paragraphs, and those laid down in
         section 3.2.3 also apply to non-mobile machinery.
4.2.1.3. C o n t r o l   devices
         The devices controlling movements of the machin-
         ery or its equipment must return to their neutral
         position as soon as they are released by the opera-
         tor. However, for partial or complete movements
         in which there is no risk of the load or the ma-
         chinery colliding, the said devices may be replaced
         by controls authorizing automatic stops at prese-
         lected levels without holding a hold-to-run control
         device.
4.2.1.4. L o a d i n g    control
         Machinery with a maximum working load of not
         less than 1 000 kilograms or an overturning mo-
         ment of not less than 40 000 Nra must be fitted
         with devices to warn the driver and prevent dan-
         gerous movements of the load in' the event of:
         — overloading the machinery:
               — either as a result of maximum working
                      loads being exceeded, or
               —      as a result of the moments due to the
                      loads being exceeded,
         — the moments conducive to overturning being
               exceeded as a result of the load being lifted.
4.2.2.   Installation guided by cables
         Cable carriers, tractors or tractor carriers must be
         held by counter-weights or by a device allowing
         permanent control of the tension.
                                            58
 ---pagebreak--- 4.23.   Risks to exposed persons. Means of access to driving 91/368/EEC - Art. l(6)(g)
        position and intervention points
        Machinery with guided loads and machinery whose
        load supports follow a clearly defined path must
        be equipped with devices to prevent any risks to
        exposed persons.
        Machinery serving specific levels at which opera-      93/44/EEC - Art. l(10)(n)
        tors can gain access to the load platform in order
        to stack or secure the load must be designed and
        constructed to prevent uncontrolled movement of
         the load platform, in particular while being loaded
         or unloaded.
4.2.4.  Fitness for purpose                                    91/368/EEC - Art l(6)(g)
         When machineiy is placed on the market or is first
         put into service, the manufacturer or his autho-
         rized representative established within the Com-
         munity must ensure, by taking appropriate mea-
         sures or having them taken, that lifting accessories
         and machineiy which are ready for use — wheth-
         er manually or power-operated — can fulfil their
         specified functions safely. The said measures must
         take into account the static and dynamic aspects of
         the machinery.
         Where the machineiy cannot be assembled in the
         manufacturer's premises, or in the premises of his
          authorized representative established within the
          Community, appropriate measures must be taken
          at the place of use. Otherwise, the measures may
          be taken either in the manufacturer's premises or
          at the place of use.
 4.3.     Marking
 4.3.1.   Chains and ropes
          Each length of lifting chain, rope or webbing not
          forming part of an assembly must bear a mark or,
          where this is not possible, a plate or irremovable
          ring bearing the name and - address of the
          manufacturer or his authorized representative es-
          tablished in the Community and the identifying
          reference of the relevant certificate.
          The certificate should show the information re-
          quired by the harmonized standards or, should
          those not exist at least the following information:
          — the name of the manufacturer or his autho-
                rized representative established within the
                Community,
          — the address within the Community of the
                manufacturer or his authorized representative,
                as appropriate,
                                             59
 ---pagebreak---        — a description of the chain or rope which             91/368/EEC - Art. l(6)(g)
             includes:
             — its nominal size,
             — its construction,
             — the material from which it is made, and
              — any special metallurgical treatment ap-
                    plied to the material,
       — if tested, the standard used,
       — a maximum load to which the chain or rope
              should be subjected in service. A range of
              values may be given for specified applications.
43.2.  Lifting accessories
       All lifting accessories must show the following
       particulars:
       — identification of the manufacturer,
       — identification of the material (e.g. internation-
              al classification) where this information is
              needed for dimensional compatibility,
       — identification of the maximum working load,
        — CE marking.                                         93/68/EEC - Art 6(1)
        In the case of accessories including components
        such as cables or ropes, on which marking is physi-
        cally impossible, the particulars referred to in the
        first paragraph must be displayed on a plate or by
        some other means and securely affixed to the
        accessory.
        The particulars must be legible and located in a
        place where they are not liable to disappear as a
        result of machining, wear, etc., or jeopardize the
        strength of the accessory.
4.3.3. Machinery
        In addition to the minimum information provided
        for in 1.7.3, each machine must bear, legibly and
        indelibly, information concerning the nominal load:
        (i) displayed in uncoded form and prominently
               on the equipment in the case of machinery
               which has only one possible value;
        (ii) where the nominal load depends on the con-
               figuration of the machine, each driving posi-
               tion must be provided with a load plate indi-
               cating, preferably in diagrammatic form or by
               means of tables, the nominal loads for each
               configuration.
                                            60
 ---pagebreak---        Machinery equipped with a load support which al-       91/368/EEC - Art. l(6)(g)
       lows access to persons and involves a risk of fal-
       ling must bear a clear and indelible warning pro-
       hibiting the lifting of persons. This warning must
       be visible at each place where access is possible.
4.4.   Instruction handbook
4.4.1. Lifting accessories
       Each lifting accessory or each commercially indi-
       visible batch of lifting accessories must be accom-
       panied with an instruction handbook setting out at
       least the following particulars:
             normal conditions of use,
             instructions     for     use,   assembly    and
             maintenance,
       — the limits of use (particularly for the accesso-
             ries which cannot comply with 4.1.2.6 (e)).
4.4.2. Machinery
       In addition to section 1.7.4, the instruction hand-
       book must include the following information:
        (a) the technical characteristics of the machinery,
             and in particular:
             — where appropriate, a copy of the load ta-
                   ble described in section 43.3 (ii),
             — the reactions at the supports or anchors
                   and characteristics of the tracks,
             — where appropriate, the definition and the
                   means of installation of the ballast;
        (b) the contents of the logbook, if the latter is
              not supplied with the machinery,
        (c) advice for use, particularly to offset the lack
             of direct sight of the load by the operator;
        (d) the necessary instructions for performing the
              tests before first putting into service machin-
              ery which is not assembled on the manufac-
              turer's premises in the form in which it is to
              be used.
5.      ESSENTIAL          HEALTH          AND       SAFETY   93/44/EEC - Art l(10)(o)
        REQUIREMENTS                FOR        MACHINERY
        INTENDED FOR UNDERGROUND WORK
        Machinery intended for underground work must           93/44/EEC - Art l(10)(p)
        be designed and constructed to meet the require-
        ments set out below.
                                            61
 ---pagebreak--- 5.1. Risks due to lack of stability                      91/368/EEC - Art l(6)(g)
     Powered roof supports must be so designed and
     constructed as to maintain a given direction when
     moving and not slip before and while they come
     under load and after the load has been removed.
     They must be equipped with anchorages for the
     top plates of the individual hydraulic props.
5.2. Movement
     Powered roof supports must allow for unhindered
     movement of exposed persons.
53.  Lighting
     The requirements laid down in the third paragraph
     of section 1.1.4 do not apply.
5.4. Control devices
     The accelerator and brake controls for the move-
     ment of machineiy running on rails must be manu-
     al. The deadman's control may be foot-operated,
     however.
     The control devices of powered roof supports must
     be designed and laid out so that, during displace-
     ment operations, operators are sheltered by a sup-
     port in place. The control devices must be pro-
     tected against any accidental release.
5.5. Stopping
     Self-propelled machinery running on rails for use
     in underground work must be equipped with a
     deadman's control acting on the circuit controlling
     the movement of the machinery.
5.6. Fire
     The second indent of 3.5.2 is mandatory in respect
     of machinery which comprise highly flammable
     parts.
     The braking system of machinery meant for use in
     underground working must be designed and
     constructed so as not to produce sparks or cause
     fires.
     Machinery with heat engines for use in under-
     ground working must be fitted only with internal
     combustion engines using fuel with a low vaporiz-
     ing pressure and which exclude any spark of elec-
     trical origin.
5.7.  Emissions of dust, gases etc
      Exhaust gases from internal combustion engines
      must not be discharged upwards.
                                       62
 ---pagebreak---         ESSENTIAL          HEALTH       AND       SAFETY    93/44/EEC - Art. l(10)(q)
        REQUIREMENTS             TO      OFFSET       THE
        PARTICULAR HAZARDS               DUE TO THE
        LIFTING OR MOVTNG OF           PERSONS
        Machineiy presenting hazards due to the lifting or
        moving of persons must be designed and
        constructed to meet the requirements set out
        below.
6.1.    General
6.1.1. Definition
        For the purposes of this Chapter, 'carrier' means
        the device by which persons are supported in or-
        der to be lifted, lowered or moved.
6.1.2   Mechanical strength
        The working coefficients defined in heading 4 are
        inadequate for machineiy intended for the lifting
        or moving of persons and must as a general rule,
        be doubled. The floor of the carrier must be de-
        signed and constructed to offer the space and
        strength corresponding to the maximum number of
        persons and the maximum working load set by the
        manufacturer.
6.13.   Loading control for types of device moved by power
        other than human strength
        The requirements of 4.2.1.4 apply regardless of the
        maximum working load figure. This requirement
        does not apply to machinery in respect of which
        the manufacturer can demonstrate that there is no
        risk of overloading and/or overturning.
6.2.    Controls
6.2.1.  Where safety requirements do not impose other
        solutions:
        The carrier must as a general rule, be designed
        and constructed so that persons inside have means
        of controlling movements upwards and downwards
        and, if appropriate, of moving the carrier horizon-
        tally in relation to the machinery.
        In operation, those controls must override the oth-
        er devices controlling the same movement with
         the exception of the emergency stop devices.
        The controls for these movements must be of the
         maintained command type, except in the case of
         machinery serving specific levels.
                                          63
 ---pagebreak--- 622.   If machinery for the lifting or moving of persons   93/44/EEC - Art. l(10)(q)
       can be moved with the carrier in a position other
       than the rest position, it must be designed and
       constructed so that the person or persons in the
       carrier have the means of preventing hazards pro-
       duced by the movement of the machinery.
6.23.  Machinery for the lifting or moving of persons
       must be designed, constructed or equipped so that
       excess speeds of the carrier do not cause hazards.
63.    Risks of persons falling from the carrier
63.1.  If the measures referred to in 1.1.15 are not ade-
       quate, carriers must be fitted with a sufficient
       number of anchorage points for the number of
       persons possibly using the carrier, strong enough
       for the attachment of personal protective equip-
       ment against the danger of falling.
6.3.2. Any trapdoors in floors or ceilings or side doors
       must open in a direction which obviates any risk
       of falling should they open unexpectedly.
633.   Machinery for lifting or moving must be designed
       and constructed to ensure that the floor of the
       carrier does not tilt to an extent which creates a
       risk of the occupants falling, including when
       moving.
       The floor of the carrier must be slip-resistant
6.4.   Risks of the carrier falling or overturning
6.4.1. Machinery for the lifting or moving of persons
       must be designed and constructed to prevent the
       carrier falling or overturning.
6.4.2. Acceleration and braking of the carrier or carrying
       vehicle, under the control of the operator or trig-
       gered by a safety device and under the maximum
        load and speed conditions laid down by the
        manufacturer, must not cause any danger to ex-
        posed persons.
6.5.    Markings
        Where necessary to ensure safety, the carrier must
        bear the relevant essential information.
                                         64
 ---pagebreak---                               ANNEX II                                 89/392/EEC
A. Contents of the EC declaration of conformity for                    93/44/EEC - Art. l(ll)(a)
       machinery (1)
The EC declaration of conformity must contain the follow-              89/392/EEC
ing particulars:
—      name and address of the manufacturer or his author-
       ized representative established in the Community (2),
— description of the machineiy (3),
— all relevant provisions                complied with by the
       machinery,
— where appropriate, name and address of the notified
       body and number of the EC type-examination
       certificate,
— where appropriate, the name and address of the noti-
       fied body to which the file has been forwarded in ac-
       cordance with the first indent of Article 8 (2) (c),
— where appropriate, the name and address of the noti-
       fied body which has carried out the verification re-
       ferred to in the second indent of Article 8 (2) (c),
— where appropriate, a reference to the harmonized
       standards,
— where appropriate, the national technical standards
       and specifications used,
— identification of the person empowered to sign on be-
       half of the manufacturer or his authorized
        representatives.
 B.     Contents of the declaration by the manufacturer or
        his authorized representatives established in the
        Community (Article 4 (2))             ^
 The manufacturer's declaration referred to in Article 4 (2)
 must contain the following particulars:
 —      name and address of the manufacturer or the author-
        ized representative,
 — description of the machinery or machinery parts,
 — where appropriate, the name and address of the noti-                91/368/EEC - Art 1(7)
        fied body and the number of the EC type-examin-
        ation certificate,
  (*) This declaration must be drawn up in the same language
         as the original instructions (see Annex I, Section 1.7.4 (b))
         and must be either typewritten or handwritten in block
      - capitals. It must be accompanied by a translation in one of
         the official languages of the country in which the machin-
         ery is to be used. This translation must be done in accord-
         ance with the same conditions as for the translation of the
         instructions.
  (2) Business name and full address; authorized representatives
         must also give the business name and address of the manufac-
         turer.
    3
  ( ) Descriptionof the machinery (make, type, serial number.etc).
                                                  65
 ---pagebreak--- — where appropriate, the name and address of the noti-                91/368/EEC - Art 1(7)
       fied body to which the file has been forwarded in ac-
       cordance with the first indent of Article 8 (2) (c),
— where appropriate, the name and address of the noti-
       fied body which has carried out the verification re-
       ferred to in the second indent of Article 8 (2) (c),
— where appropriate, a reference to the harmonized
       standards,
— a statement that the machinery must not be put into                 89/392/EEC
       service until the machineiy into which it is to be in-
       corporated has been declared in conformity with the
       provisions of the Directive,
— identification of the person signing.
C      Contents of the EC declaration of conformity for               93/44/EEC - Art l(ll)(c)
       safety components placed on the market
       separately (*)
The EC declaration of conformity must contain the follow-
ing particulars:
— name and address of the manufacturer or his author-
       ized representative established in the Community (?),
— description of the safety component (3),
— safety function fulfilled by the safety component if
       not obvious from the description,
— where appropriate, the name and address of the noti-
       fied body and the number of the EC type-examin-
       ation certificate,
— where appropriate, the name and address of the noti-
       fied body to which the file was forwarded in accord-
       ance with the first indent of Article 8 (2) (c),
— where appropriate, the name and address of the noti-
       fied body which carried out the verification referred
       to in the second indent of Article 8 (2) (c),
— where appropriate, a reference to - the harmonized
       standards,
— where appropriate, the national technical standards
        and specifications used,
 (*) This declaration must be drawn up in the same language
        as the original instructions (see Annex I, Section 1.7.4 (b))
        and must be either typewritten or handwritten in block
        capitals. It must be accompanied by a translation in one of
        the official languages of the country in which the machin-
        ery is to be used. This translation must be done in accord-
        ance with the same conditions as for the translation of the
        instructions.
 ( 2 ) Business name and full address; authorized representatives
        must also give the business name and address of the
        manufacturer.
   3
 ( ) Description of the safety component (make, type, serial
        number, if any, etc.).
                                                 66
 ---pagebreak--- identification of the person empowered to sign on be-  93/44/EEC - Art. l(ll)(c)
half of the manufacturer or his authorized representa-
tive established in the Community.
                                     67
 ---pagebreak---                    ANNEX IU                           93/68/EEC - Art 6(8)
         CE CONFORMITY MARKING
The CE conformity marking shall consist of the in-
itials   'CE'     taking    the    following    form:
If the CE marking is reduced or enlarged the propor-
tions given in the above drawing must be respected.
The various components of the CE marking must
have substantially the same vertical dimension, which
 may not be less than 5 mm. This minimum dimension
 may be waived for small-scale machineiy.
                                     68
 ---pagebreak---                         ANNEX IV                            89/392/EEC
TYPES OF MACHINERY AND SAFETY COMPONENTS                    93/44/EEC - "Art. l(12)(a)
  FOR WHICH THE PROCEDURE REFERRED TO IN
    ARTICLE 8 (2) (b) AND (c) MUST BE APPLIED
A.     Machinery                                            93/44/EEC - Art. l(12)(b)
1.   Circular saws (single or multi-blade) for working with 93/44/EEC - Art l(12)(c)
     wood and analogous materials or for working with
     meat and analogous materials.
1.1. Sawing machines with fixed tool during operation,
     having a fixed bed with manual feed of the workpiece
     or with a demountable power feed.
1.2. Sawing machines with fixed tool during operation,
     having a manually operated reciprocating saw-bench
     or carriage.
1.3. Sawing machines with fixed tool during operation,
     having a built-in mechanical feed device for the work-
     pieces, with manual loading and/or unloading.
1.4. Sawing machines with movable tool during operation,
     with a mechanical feed device and manual loading
     and/or unloading.
2.   Hand-fed surface planing machines for woodworking.     89/392/EEC
3.   Thicknessers for one-side dressing with manual load-
     ing and/or unloading for woodworking.
4.   Band-saws with a fixed or mobile bed and band-saws     93/44/EEC - Art l(12)(d)
     with a mobile carriage, with manual loading and/or
     unloading, for working with wood and analogous ma-
     terials or for working with meat and analogous ma-
     terials.
5.   Combined machines of the types referred to in 1 to 4    93/44/EEC - Art. l(12)(e)
     and 7 for working with wood and analogous materials.
 6.  Hand-fed tenoning machines with several tool holders    89/392/EEC
     for woodworking.
 7.   Hand-fed vertical spindle moulding machines for        93/44/EEC - Art l(12)(f)
     working with wood and analogous materials.
                                           69
 ---pagebreak--- 8.  Portable chain saws for woodworking.                      89/392/EEC
9.  Presses, including press-brakes, for the cold working
    of metals, with manual loading and/or unloading,
    whose movable working parts may have a travel ex-
    ceeding 6 mm and a speed exceeding 30 mm/s.
10. Injection or compression plastics-moulding machines
    with manual loading or unloading.
11. Injection or compression rubber-moulding machines
    with manual loading or unloading.
12. Machinery for underground working of the following        91/368/EEC - Art 1(8)
    types:
     — machinery on rails: locomotives and brake-vans,
     — hydraulic-powered roof supports,
    — internal combustion engines to be fitted to ma-
          chinery for underground working.
13. Manually-loaded trucks for the collection of house-
    hold refuse incorporating a compression mechanism.
14. Guards and detachable transmission shafts with uni-
    versal joints as described in section 3.4.7.
15. Vehicles servicing lifts.
16. Devices for the lifting of persons involving a risk of    93/44/EEC-Art-l(12)(g)
    falling from a vertical height of more than three
    metres.
17. Machines for the manufacture of pyrotechnics.
6.  Safety components                                         93/44/EEC - Art l(12)(h)
1.  Electro-sensitive devices designed specifically to detect
    persons in order to ensure their safety (non-material
    barriers, sensor mats, electromagnetic detectors, etc.).
2.  Logic units which ensure the safety functions of bi-
    manual controls.
3.  Automatic movable screens to protect the presses re-
    ferred to in 9, 10 and 11.
4.  Roll-over protection structures (ROPS).
5.  Falling-object protective structures (FOPS).
                                         70
 ---pagebreak---                            ANNEX V                              89/392/EEC
           EC DECLARATION OF CONFORMITY
For the purposes of this Annex, 'machinery' means either        93/44/EEC - Art 1(13)
'machinery' or 'safety component' as defined in Article 1
(2).
1.   The EC declaration of conformity is the procedure by       89/392/EEC
     which the manufacturer, or his authorized representa-
      tive established in the Community declares that the
      machineiy being placed on the market complies with
      all the essential health and safety requirements apply-
      ing to it
2.    Signature of the EC declaration of conformity author-
      izes the manufacturer, or his authorized representative
      in the Community, to affix the CE marking to the          93/68/EEC - Art 6(1)
      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 inspec-
      tion purposes:
      (a) a technical construction file comprising:
            — an overall drawing of the machinery to-
                 gether with drawings of the control circuits,
            — full detailed drawings, accompanied by any
                 calculation notes, test results, etc, required
                 to check the conformity of the machinery
                 with the essential health and safety require-
                 ments,
            — a list of:
                 — the essential requirements of this Di-
                       rective,
                 — standards, and
                 — other technical specifications, which
                       were used when the machinery was de-
                       signed,
            — a description of methods adopted to elimin-
                 ate hazards presented by the machinery,
            — if he so desires, any technical report or cer-
                 tificate obtained from a competent body or
                  laboratory (}),
            —     if he declares conformity with a harmonized
                  standard which provides therefor, any
                  technical report giving the results of tests
                  carried out at his choice either by himself
                  or by a competent body or laboratory (*),
  (*) A body or laboratory is presumed competent if it meets
       the assessment criteria laid down in the relevant harmo-
       nized standards.
                                              71
 ---pagebreak---         —     a copy of the instructions for the machinery;  89/392/EEC
   (b) for series manufacture, the internal measures
        that will be implemented to ensure that the ma-
        chinery remains in conformity with the provisions
        of the Directive.
   The manufacturer must carry out necessary research
   or tests on components, fittings or the completed ma-
   chine to determine whether by its design or construc-
   tion, the machine is capable of being erected and put
   into service safely.
   Failure to present the documentation in response to a
   duly substantiated request by the competent national
   authorities may constitute sufficient grounds for
   doubting the presumption of conformity with the re-
   quirements of the Directive.
4. (a) The documentation referred to in 3 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-as-
         semblies used for the manufacture of the ma-
         chinery unless a knowledge of them is essential
         for verification of conformity with the basic safe-
         ty requirements.
   (b) The documentation referred to in 3 above shall
         be retained and kept available for the competent
         national authorities for at least 10 years follow-
         ing the date of manufacture of the machinery or
         of the last unit produced, in the case of series
         manufacture.
   (c) The documentation referred to in 3 above shall
         be drawn up in one of the official languages of
         the Communities, with the exception of the in-
         structions for the machinery.
                                          72
 ---pagebreak---                            ANNEX VI                             89/392/EEC
                   EC TYPE-EXAMINATION
For the purposes of this Annex, 'machinery' means either        93/44/EEC - Art. 1(14)
'machinery' or 'safety component' as defined in Article 1
(2).
1.   EC type-examination is the procedure by which a            89/392/EEC
     notified 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 rep-
     resentative established in the Community, with a
     single notified body in respect of an example of the
     machinery.
     The application shall include:
     — the name and address of the manufacturer or his
           authorized representative established in the
           Community and the place of manufacture of the
           machinery,
     — a technical file comprising at least:
           — an overall drawing of the machineiy to-
                gether with drawings of the control circuits,
           — full detailed drawings, accompanied by any
                calculation notes, test results, etc., required
                to check the conformity of the machinery
                with the essential health and safety
                 requirements,
           —     a description of methods adopted to elimin-
                 ate hazards presented by the machinery and
                 a list of standards used,
           — a copy of the instructions for the machinery,
           — for series manufacture, the internal
                 measures that will be implemented to en-
                 sure that the machinery remains in conform-
                 ity with the provisions of the Directive.
     It shall be accompanied by a machine representative
     of the production planned or, where appropriate, a
     statement of where the machine may be examined.
     The documentation referred to above does not have
     to include detailed plans or any other specific in-
     formation 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 notified body shall carry out the EC type-examin-
      ation in the manner described below:
      —    it shall examine the technical construction file to
           verify its appropriateness and the machine sup-
           plied or made available to it;
                                            73
 ---pagebreak---    — during the examination of the machine, the body        89/392/EEC
         shall:
         (a) ensure that it has been manufactured in
               conformity with the technical construction
               file and may safely be used under its in-
               tended working conditions;
         (b) check that standards, if used, have been
               properly applied;
         (c) perform appropriate examinations and tests
               to check that the machine complies with the
               essential health and safety requirements ap-
               plicable to it.
   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 ex-
   amination, indicate any conditions to which its issue
   may be subject and be accompanied by the descrip-
   tions and drawings necessary for identification of the
   approved example.
   The Commission, the Member States and the other
   approved bodies may obtain a copy of the certificate
   and, on a reasoned request a copy of the technical
   construction file and of the reports on the examina-
   tions and tests carried out
   The manufacturer or his authorized representative es-
   tablished in the Community shall inform the notified
   body of any modifications, even of a minor nature,
   which he has made or plans to make to the machine
   to which the example relates. The notified body shall
   examine those modifications and inform the manufac-
   turer or his authorized representative established in
   the Community whether the EC type-examination cer-
   tificate remains valid.
6. A body which refuses to issue an EC type-examin-
   ation certificate shall so inform the other notified
   bodies. A body which withdraws art EC type-examin-
   ation certificate shall so inform the Member State
   which notified it The latter shall inform the other
   Member States and the Commission thereof, giving
    the reasons for the decision.
    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 noti-
    fied body is established or in a language acceptable to
    it
                                           74
 ---pagebreak---                          ANNEX VII                             89/392/EEC
MINIMUM CRITERIA TO BE TAKEN INTO ACCOUNT
  BY MEMBER STATES FOR THE NOTIFICATION OF
                           BODIES
For the purposes of this Annex, 'machinery' means either       93/44/EEC - Art. 1(15)
'machinery' or 'safety component' as defined in Article 1
(2).
1.   The body, its director and the staff responsible for      89/392/EEC
     carrying out the verification tests shall not be the de-
     signer, manufacturer, supplier or installer of machin-
     ery which they inspect, nor the authorized representa-
     tive of any of these parties. They shall not become
     either involved directly or as authorized representa-
     tives in the design, construction, marketing or main-
     tenance of the machinery. This does not preclude the
     possibility of exchanges of technical information be-
     tween the manufacturer and the body.
 2.  The body and its staff shall cany out the verification
     tests with the highest degree of professional integrity
     and technical competence and shall be free from all
     pressures and inducements, particularly financial,
     which might influence their judgement or the results
     of the inspection, especially from persons or groups of
     persons with an interest in the result of verifications.
 3.  The body shall have at its disposal the necessary staff
     and possess the necessary facilities to enable it to per-
     form 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 per-
            formance of the tests.
 5.   The impartiality of inspection staff shall be guaran-
      teed. Their remuneration shall not depend on the
      number of tests carried out or on the results of such
      tests.
 6.   The 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.
                                             75
 ---pagebreak--- 7. The staff of the body shall be bound to observe pro-     89/392/EEC
   fessional secrecy with regard to all information gained
   in carrying out its tasks (except vis-à-vis the compet-
   ent 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.
                                          76
 ---pagebreak---                                      ANNEXVIII
                                        Part A
                                  Repealed Directives
                              (referred to by Article 14)
Directive 89/392/EEC
and its following amendments:
— Directive 91/368/EEC        only Article 1
— Directive 93/44/EEC
— Directive 93/68/EEC         only Article 6
                                           77
 ---pagebreak---                                                                 Part B
                            List of deadlines for transposition and application into national law
                                                     (referred to by Article 14)
                                                             DEADLINE FOR
                    DIRECTIVE                                TRANSPOSITION                     DATE OF APPLICATION
89/392/EEC (OJ No L 183, 29. 6. 1989, p. 9)              1 January 1992            — Starting from 1 January 1993;
                                                                                   — Starting from 1 July 1995 for the products
                                                                                      referred to by Directives 86/295/EEC,
                                                                                      86/296/EEC and 86/663/EEC (l).
91/368/EEC (OJ No L 198, 22 7.1991, p. 16)               1 January 1992            Starting from 1 January 1993.
93/44/EEC (OJ No L 175,19. 7.1993, p. 12)                1 July 1994               — Starting from 1 January 1995 (2);
                                                                                   — Starting from 1 July 1994 (2);
                                                                                      — Article 1 (10), with the exception of
                                                                                          points (a), (b) and (q);
                                                                                      — Article 1 (11) (a) and (b);
                                                                                      — Article 1 (12) (c), (d), (e) and (f).
93/68/EEC (OJ No L 220, 30. 8.1993, p. 1)                1 Julv 1994               Starting from 1 January 1995 (3).
(*) For the period ending on 31 December 1994, the Member States should have authorized, except for the products referred to
    by Directives 86/295/EEC, 86/2%/EEC and 86/663/EEC for which this period was ending on 31 December 1995, the placing
    on the market and bringing into service of machinery which comply with the national provisions in force in their territories on
    31 December 1992.
 2
( ) For the period ending on 31 December 1996, the Member States shall allow the placing on the market and bringing into
    service of machinery for the lifting or moving of persons as well as safety components which comply with the national provi-
    sions in force in their territories on 22 July 1993.
 3
( ) Until 1 January 1997 Member States shall allow the placing on the market and bringing into service of products which comply
    with the marking arrangements in force before 1 January 1995.
                                                                  78
 ---pagebreak---                                        ANNEX IX
                                   CORRELATION TABLE
Directive 89/392/EEC                        This Directive
Article 1 (1)
          (                                 Article 1 (1)
Article i c2), first subparagraph           Article 1 (2), point (a), first indent
Article i c2), second subparagraph          Article 1 (2), point (a), second indent
Article 1 (2), third subparagraph           Article 1 (2), point (a), third indent
Article 1 (2), fourth subparagraph          Article 1 (2), point (b)
Article 1 (3)                               Article 1 (3)
Article 1 ('4)                              Article 1 (4)
Article 1 (5)                               Article 1 (5)
Article 2                                   Article 2
Article 3                                   Article 3
Article 4                                   Article 4
Article 5                                   Article 5
Article 6                                   Article 6
Article 7                                   Article 7
Article 8(1)                                Article 8 (1)
Article 8(2)                                Article 8 (2)
Article 8(3)                                Article 8 (3)
Article 8(4)                                Article 8 (4)
Article 8 (4a)                              Article 8 (5)
Article 8(5)                                Article 8 (6)
Article 8(6)                                Article 8 (7)
Article 8(7)                                Article 8 (8)
Article 9                                   Article 9
Article 10                                  Article 10
Article 11                                  Article 11
Article 12                                  Article 12
Article 13(1)
Article 13(2)
Article 13(3)                               Article 13 (1)
Article 13(4)                               Article 13 (2)
                                            Article 14
                                            Article 15
                                            Article 16
Annex I                                     Annex I
Annex II                                    Annex II
Annex III                                   Annex III
Annex IV                                    Annex IV
Annex V                                     Annex V
Annex VI                                    Annex VI
Annex VII                                   Annex VII
                                            Annex VIII
                                            Annex IX
                                          79
 ---pagebreak---  ---pagebreak---  ---pagebreak---  ---pagebreak---                                                                   ISSN 0254-1475
                                                           COM(96) 667 final
                                             DOCUMENTS
 EN                                                             06 10 05      15
                                    Catalogue number : CB-CO-96-679-EN-C
                                                             ISBN 92-78-13397-3
Office for Official Publications of the European Communities
L-2985 Luxembourg
                                              <&=>