CELEX: 51988PC0837
Language: en
Date: 1988-12-14
Title: AMENDMENT TO THE PROPOSAL FOR A COUNCIL DIRECTIVE ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO MACHINERY

No C 37/8                                  Official Journal of the European Communities                                  14. 2. 89
                Amendment to the proposal for a Council Directive on the approximation of the laws of the
                                                 Member States relating to machinery (')
                                                    COM(88) 837 final — SYN 107
                 (Submitted by the Commission pursuant to Article 149 (3) of the EEC Treaty on 20 December
                                                                  1988)
                                                             (89/C 37/07)
Following upon the opinion expressed by the European                        'Where the Commission after consultation estab-
Parliament at its first reading in the context of the                       lishes that the measure is unjustified, it shall
cooperation procedure, on the proposal for a Council                        immediately notify the Member State that took the
Directive on the approximation of the laws of the                           initiative as well as the manufacturer or his auth-
Member States relating to machinery (2), which the                          orized representative established in the Community.'
Commission transmitted to the Council, the Commission
has decided to amend its proposal a second time, as
follows:                                                                 5. Replace Article 8 (2) (a) and (b) by the following:
                                                                            '(a) if the machinery is not referred to in Annex IV,
   1. The last indent of Article 1 (3) is replaced by the                         draw up the file provided for in Annex V;
      following:
                                                                             (b) if the machinery is referred to in Annex IV,
      '— all machinery corresponding to the above                                 submit the machinery for the EC-type exam-
           definition and covered by an EEC Directive                             ination referred to in Annex VI.'
           containing       essential     health    and    safety
           requirements        or     technical    design    and
           construction requirements relating to health and              6. Replace Article 9 (2) with the following:
           safety in respect of the hazards covered by such
           a Directive.'
                                                                            '2.     The EC mark shall be affixed to machinery
                                                                            clearly and visibly in accordance with point 1.7.3 of
                                                                            Annex I.'
  2. Replace Article 5(1) with the following:
                                                                         7. Reword the beginning of Article 10 to read:
      '1.    Member States shall presume conformity with
      the essential health arid safety requirements referred
      to in Article 3 in respect of machinery bearing the                   'Any decision taken pursuant to this Directive . . .'
      EC mark and accompanied by an EC declaration of
      conformity issued by the manufacturer or his auth-
      orized representative established in the Community.'               8. In Article 11 (1), replace respectively the dates '1
                                                                            January 1989' and '1 January 1991' by '1 January
                                                                            1990' and '1 January 1992'.
  3. The following is added to Article 5 (2):
                                                                         9. Add the following text to Article 11:
      'Member States shall take the appropriate measures
      so as to allow the social partners to have an                         '3.    The Commission will take the necessary
      influence at national level in the process of drawing                 measures so that data recording all relevant decisions
      up and implementation of harmonized standards.'                       regarding the management of this Directive shall be
                                                                            made available. This information shall be accessible
                                                                            to both sides of industry.'
  4. Article 7 (2) is completed by the following sentence:
                                                                        10. Add the following to Annex IV:
                                                                            '4. Moulding machines for injection or compression
(') OJ No C 214, 16. 8. 1988, p. 23.
                                                                                 of plastics and rubber, where there is manual
(2) COM(87) 564 final of 14 December 1987 (OJ No C 29,
     3. 2. 1988), as modified by COM(88) 267 final — SYN 107                     intervention for the loading or removal of these
     of 16 June 1988 (OJ No C 214, 16. 8. 1988).                                 materials.
 ---pagebreak--- 14. 2. 89                             Official Journal of the European Communities                               No C 37/9
      5. Machines with cylinders for kneading of natural             'It shall be accompanied by a machine representative
         or synthetic rubber where there is manual inter-            of the production planned or, where necessary, by
         vention during the kneading, filling or removal             an indication of the place where the machine may be
         of the material.                                            inspected and tested.'
      6. Sawing machines used in the textile industry for        12. Recital 17 is deleted.
         cutting bundles of fabric.
                                                                 13. Insert a new recital 15 drafted as follows:
      7. Rivet guns with propulsive charges.
                                                                     'Whereas it is necessary to improve the legal
      8. Machines    incorporating  sources    of  ionizing          framework to ensure the effective and adequate
         radiation.                                                  contribution of employers and employees to the
                                                                     standardization process; whereas this should ulti-
     9. Machines incorporating lasers where the laser is             mately be achieved when this Directive comes into
         used as a tool.'                                            force;'
11. Replace the third indent of point 2 of Annex VI by               The former recital 15 and following should be
    the following text:                                              renumbered accordingly.