CELEX: 51988PC0740
Language: en
Date: 1989-02-06
Title: PROPOSAL FOR A COUNCIL DIRECTIVE ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES ON MOBILE MACHINERY

No C 70/6                               Official Journal of the European Communities                                    20. 3. 89
              Proposal for a Council Directive on the approximation of the laws of the Member States on mobile
                                                           machinery
                                                COM(88) 740 final — SYN 175
                                     (Submitted by the Commission on 16 January 1989)
                                                          (89/C 70/02)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           (5) Whereas the mobile machinery sector is an important
                                                                        part of the engineering industry and is one of the
Having regard to the Treaty establishing the European                   industrial mainstays of the Community economy;
Economic Community, and in particular Article 100A
thereof,
                                                                   (6) Whereas paragraphs 65 and 66 of the White paper on
Having regard to the proposal from the Commission,                      the completion of the internal market, approved by
                                                                        the European Council in June 198.5, provide for a new
                                                                        approach to the approximation of laws;
In cooperation with the European Parliament,
Having regard to the opinion of the Economic and Social            (7) Whereas the social cost of the large number of
Committee,                                                              accidents caused directly by the use of mobile
                                                                        machinery can be reduced by inherently safe design
(1) Whereas Member States have the responsibility of                    and construction of mobile machinery and by proper
     ensuring the health and safety on their territory of the           installation and maintenance;
     public and, where appropriate, of domestic animals
     and goods and, in particular, of workers notably in
     relation to the hazards arising out of the use of mobile      (8) Whereas the field of application of the Directive must
     machinery;                                                         be based on a general definition of the term 'mobile
                                                                        machinery' so as to allow the technical development of
(2) Whereas, in the Member States, the legislative systems              products; whereas this Directive should apply to
     regarding accident prevention are very different;                  mobile machinery used in mines;
     whereas the relevant compulsory provisions,
     frequently supplemented by de facto mandatory
     technical specifications and/or voluntary standards,          (9) Whereas Community law, in its present form,
     do not necessary lead to different levels of health and.           provides — notwithstanding one of the fundamental
     safety, but nevertheless, owing to their disparities,              rules of the Community, namely the free movement of
     constitute barriers to trade within the Community;                 goods — that obstacles to movement within the
     whereas, furthermore, conformity certification and                 Community, resulting from disparities in national
     national certification systems for machinery differ                legislation relating to the marketing of products, must
     considerably;                                                      be accepted in so far as such requirements can be
                                                                        recognized as being necessary to satisfy imperative
(3) Whereas existing national health and safety provisions              requirements; whereas, therefore, the harmonization
     providing protection against the hazards caused by                 of laws in this case must be limited only to those
     mobile machinery must be approximated to ensure                    requirements necessary to satisfy the imperative
     free movement of mobile machinery without lowering                 requirements and essential health and safety require-
     existing justified levels of protection in the Member              ments relating to mobile machinery; whereas these
     States; whereas the provisions of this Directive                   requirements must replace the relevant national
     concerning the design and construction of mobile                   requirements because they are essential;
     machinery, which are essential for a safer working
     environment, are not incompatible either with specific
     provisions, based on Article 118a of the Treaty,              (10) Whereas the essential health and safety requirements
     regarding the use of machinery and organization of                 must be satisfied in order to ensure that mobile
     safety of workers in the working environment;                      machinery is safe; whereas these requirements must be
                                                                        applied with discernment to take account of the state
(4) Whereas the mobility of these machines introduces                   of the art at the time of construction, and technical and
     hazards which are not covered by the essential                     economic requirements;
     requirements of Council Directive... on the approxim-
     ation of the laws of the Member States relating to
     machinery; and whereas the risks covered by the               [11) Whereas the use of mobile machinery within the
     aforementioned Directive require that the essential                meaning of this Directive can relate only to the use of
     requirements should be formulated in a different                   the mobile machinery itself as intended by the
     manner;                                                            manufacturer; whereas this does not preclude the
 ---pagebreak--- 20. 3. 89                              Official Journal of the European Communities                                  No C 70/7
     laying down of conditions of use external to the                  appropriate to assist the Commission in carrying out
     mobile machinery, provided that it is not therefore               Community checks of the conformity of national
     modified in a way not specified in this Directive;                standards; whereas both sides of industry, par-
     whereas consumers may use machines coming within                  ticularly labour organizations, must be properly
     the scope of this Directive;                                      consulted concerning the standardization and man-
                                                                       agement work relating to this Directive;
(12) Whereas for trade fairs, exhibitions, etc. it must be
     possible to exhibit demonstration mobile machinery
     which, for the needs of the demonstration, does not          (15) Whereas, in line with current general practice in
     conform to the Directive; whereas, however, the                   Member States, manufacturers should retain respons-
     persons concerned should be properly informed of                  ibility for certifying the conformity of their mobile
     such non-conformity and that such mobile machinery                machinery to the relevant essential requirements;
     cannot be purchased in that condition;                            whereas conformity to harmonized standards creates
                                                                       a presumption of conformity to the relevant essential
(13) Whereas therefore this Directive defines only the                 requirements; whereas it is left to the sole discretion of
     essential health and safety requirements of general               the manufacturer, where he feels the need, to have his
     application; whereas in order to help manufacturers               products examined and certified by a third party;
     to prove conformity to these essential requirements it
     is desirable to have standards harmonized at European
     level for the prevention of hazards arising out of the
     design and construction of machinery and in order to         (16) Whereas a stricter certification procedure is desirable
     allow checks of conformity to the essential require-              for certain types of mobile machinery or components
     ments; whereas these standards harmonized at                      thereof that have a greater risk potential; whereas it is,
     European level are drawn up by private-law bodies                 however, sufficient to make EC type-examination
     and must retain their non-binding status; whereas for             mandatory only where the harmonized standards
     this purpose the European Committee for Standardiz-               concerned are not, or only partly, complied with;
     ation (CEN) and the European Committee for                        whereas this EC type-examination procedure may be
     Electrotechnical Standardization (Cenelec) are the                followed by an EC declaration by the manufacturer
     bodies recognized as competent to adopt harmonized                without a stricter system such as quality assurance, EC
     standards in accordance with the general guidelines               verification or EC monitoring being necessary;
     for cooperation between the Commission and these
     two bodies signed in 13 November 1984; whereas
     within the meaning of this Directive a harmonized
                                                                  (17) Whereas it is essential that the manufacturer or his
     standard is a technical specification (European
                                                                       authorized representative established in the Com-
     standard or harmonization document) adopted by
                                                                       munity prepare a technical construction dossier before
     either or both of these bodies, on the basis of a remit
                                                                       drawing up the EC declaration of conformity;
     from the Commission in accordance with the provi-
                                                                       whereas, however, it is not essential for all the
     sions of Council Directive 83/189/EEC of 28 March
                                                                       documentation to exist permanently in a material
     1983 laying down a procedure for the provision of
                                                                       manner but it must be possible to make it available on
     information in the field of technical standards and
                                                                       demand; whereas it need not include detailed plans of
     regulations ( ! ), as amended by Directive 88/182/
                                                                       the sub-assemblies used for the manufacturer of
     EEC (2), and on the basis of the general guidelines
                                                                       mobile machinery, unless a knowledge of them is
     referred to above;
                                                                       essential for verification of conformity with the basic
                                                                       health and safety requirements;
(14) Whereas, while awaiting the adoption of harmonized
     standards within the meaning of this Directive,
     conformity to the essential requirements and the free
     movement of mobile machinery should be facilitated           (18) Whereas the mere fact of not being able to present the
     by the acceptance, at Community level, of products                technical construction dossier following a reasoned
     conforming to the national standards adopted, on a                request by a Member State may be taken as a
     temporary basis, with the aid of a Community                      presumption of the non-conformity of mobile ma-
     checking procedure to ensure that national standards              chinery ;
     satisfy the essential requirements of this Directive;
     whereas to this end, in view of the general and
     horizontal role which the committee set up by                (19) Whereas it is necessary not only to ensure free
     Article 5 of Directive 83/189/EEC has in Community                movement and the putting into service and use of
     standardization policy, and more particularly its role            mobile machinery or accessories for such machinery
     in the preparation of standardization remits and the              bearing the EC mark and having an EC conformity
     operation of the standstill procedure in European and             certificate; whereas it is also necessary to ensure free
     national standardization, that committee is most                  movement of mobile machinery not bearing the EC
                                                                       mark where it is to be incorporated into other mobile
                                                                       machinery or assembled with other mobile machinery
(J) OJ No L 109, 26. 4. 1983, p. 8.                                    to form a complex installation; whereas nevertheless
(2) OJ No L 81, 26. 3. 1988, p. 75.                                    such mobile machinery cannot be put into service or
 ---pagebreak--- No C 70/8                                 Official Journal of the European Communities                                   20. 3. 89
      use until it has been certified for conformity since, in           fixed working positions includes in particular hydraulic
      the absence of the EC mark, it must be regarded as not             shovels, drills, refuse trucks, certain harvesting ma-
      ready for use;                                                     chines, pile drivers, etc.
(20) Whereas the Member States' responsibility for safety,           3. Complete interchangeable accessories or equipment
      health and the other aspects covered by the essential          intended to perform a given task and generally fitted to
      requirements on their territory must be recognized in a        mobile machinery by the user himself, whether or not made
      safeguard clause providing for adequate Community              by the same manufacturer, should be regarded as
      protection procedures;                                         independent mobile machinery.
(21) Whereas the addressees of any decision taken under              4. This Directive applies to agricultural and forestry
      this Directive must be informed of the reasons for such        tractors not covered by the specific Directives in force.
      a decision and the means of appeal open to them;
                                                                     5. The following are excluded from the scope of this
(22) Whereas the measures aimed at the gradual establish-            Directive:
      ment of the internal market must be adopted by
      31 December 1992; whereas the internal market                  — mobile machinery whose principal function is lifting,
      consists of an area without internal frontiers within
      which the free movement of goods, persons, services
      and capital is guaranteed.                                     — mobile machinery whose only power source is directly
                                                                         applied manual effort,
HAS ADOPTED THIS DIRECTIVE:                                          — means of transport, namely vehicles intended solely for
                                                                         transporting passengers or goods by road, rail, on water
                                                                         or by air, and which are not directly involved in a given
                                                                         type of work,
                           CHAPTER I                                 — mobile machinery with a medical usage,
Scope, placing on the market and freedom of movement
                            Article 1                                — all mobile machinery corresponding to the above
                                                                         definition and covered by an EEC Directive containing
                                                                         essential health and safety requirements or technical
1. This Directive applies to mobile machinery and lays                   design and construction requirements relating to health
down essential health and safety requirements for such                   and safety in respect of the hazards covered by such a
machinery.                                                               Directive.
2. For the purposes of this Directive, 'mobile machinery'            6. Where a machine is covered by the Low Voltage
means an appliance, plant, machine or equipment which                Directive, that Directive shall apply if the hazards of
operates in working areas and whose operation requires               electrical origin are greater than the hazards covered by this
either mobility while working, or continuous or semi-                Directive.
continuous movement between a succession of fixed
working positions. Mobile machinery may be self-
propelled, towed, pushed or carried by other mobile
machinery or tractors.                                                                          Article 2
— Working areas may be, in particular, building sites, civil         1. Member States shall take all appropriate measures to
    engineering works, dredging works, thoroughfares,                ensure that mobile machinery may be placed on the market
    mines, quarries, sports grounds, fields, meadows,                and put into service and use only if it does not endanger the
    woodland, forests, green spaces, mushroom beds,                  health or safety of persons, domestic animals or property,
    glasshouses, farm buildings, stretches of water, etc.            when properly installed and maintained, and used for its
                                                                     intended purpose.
— Mobile machinery may work, in particular, as graders,
    dumpers, harrows, ploughs, sowing and spreading                  2. The provisions of the Directive shall not affect
    machines, crop treatment machines, harvesting ma-                Member States' entitlement to lay down, with due
    chines, trailers, etc.                                           observance of the Treaty, such requirements as they may
                                                                     deem necessary to ensure that workers are protected when
                                                                     using the mobile machinery in question, provided that this
— Mobile machinery which works with a continuous or                  does not mean that the mobile machinery is modified in a
    semi-continuous movement between a succession of                 way not specified in the Directive.
 ---pagebreak--- 20. 3. 89                               Official Journal of the European Communities                                  No C 70/9
3. Inspections carried out by Member States in the                 3. In the absence of harmonized standards, the national
exercise of their obligations under paragraph 1 shall be           standards referred to in paragraph 4 shall create the same
limited to the provisions of this Directive.                       presumption of conformity.
4. At trade fairs, etc., Member States shall not prevent the       4. Member States shall communicate to the Commission
showing of demonstration mobile machinery which, for the           the texts of their national standards which they consider to
needs of the demonstration, does not comply with the               conform to one or more essential safety requirements. The
provisions of this Directive, provided that an appropriate         Commission shall notify such texts forthwith to the other
sign clearly indicates that such mobile machinery does not         Member States. In accordance with the procedure provided
comply and that it is not for sale until it has been brought       for in Article 6(2), it shall notify the Member States of those
into compliance by the manufacturer or his agent                   national standards in respect of which there is presumption
established in the Community.                                      of conformity with the essential requirements.
                                                                   Member States shall publish the reference numbers of those
                                                                   standards. The Commission shall also publish these
                          Article 3                                references in the Official Journal of the European
                                                                   Communities.
Mobile machinery shall satisfy the essential safety
requirements set out in Annex I.
                                                                                                Article 6
                          Article 4                                1. Where a Member State or the Commission considers
                                                                   that the harmonized standards referred to in Article 5(2) do
                                                                   not entirely satisfy the relevant essential requirements
1. Member States shall not prohibit, restrict or impede
                                                                   referred to in Article 3, the Commission or the Member
the placing on the market, putting into service or use on
                                                                   State concerned shall bring the matter before the Standing
their territory of mobile machinery which complies with
                                                                   Committee set up under Directive 83/189/EEC, hereinafter
the provisions of this Directive, bears the EC mark and is
                                                                   referred to as 'the Committee', giving the reasons therefor.
accompanied by the EC declaration of conformity.
                                                                   The Committee shall deliver an opinion without delay.
2. Member States shall not prohibit, restrict or impede            Upon receipt of the Committee's opinion, the Commission
the placing on the market of mobile machinery, even where          shall inform the Member States whether or not it is
no EC mark is affixed, which is intended to be incorporated        necessary to withdraw those standards from the publi-
into mobile machinery or assembled with other mobile               cations referred to in Article 5(2).
machinery to constitute mobile machinery. Member States
shall not, however, permit the putting into service or use of
                                                                   2. After receipt of the communication referred to in
such mobile machinery unless the mobile machinery has
                                                                   Article 5(4) the Commission shall consult the Committee.
been declared to be in conformity with the provisions of the
                                                                   Within one month of receiving the latter's opinion, the
Directive and the EC mark has been affixed.
                                                                   Commission shall inform the Member States whether or
                                                                   not the national standard in question shall enjoy presump-
This paragraph shall not apply in the case of interchange-         tion of conformity and, if so, whether the references thereof
able equipment which is generally incorporated into or             must be published nationally.
fitted to basic mobile machinery by the user.
                                                                   If the Commission or a Member State considers that a
                                                                   national standard no longer satisfies the necessary
                                                                   conditions for presumption of conformity with the
                           Article 5
                                                                   essential safety requirements referred to in Article 3, the
                                                                   Commission shall consult the Committee. Upon receipt of
1. Member States shall presume conformity with the                 the latter's opinion, the Commission shall inform the
essential health and safety requirements referred to in            Member States whether or not the standard in question
Article 3 in respect of mobile machinery bearing the EC            shall continue to enjoy presumption of conformity and, if
mark and accompanied by an EC declaration of con-                  not, whether it must be withdrawn from the publications
formity.                                                           referred to in Article 5(4).
2. Where a national standard transposing a harmonized
standard, the reference of which has been published in the                                      Article 7
Official Journal of the European Communities, covers one
or more of the essential health and safety requirements,           1. Where a Member State ascertains that mobile
mobile machinery constructed in accordance with this               machinery bearing the EC mark and used in accordance
standard shall be presumed to comply with the relevant             with its intended purpose is liable to endanger the safety of
essential requirements.                                            persons, domestic animals or property, it shall take all
                                                                   appropriate measures to withdraw such mobile machinery
Member States shall publish the references of national             from the market, prohibit its placing on the market, putting
standards transposing harmonized standards.                        into service or use, or restrict its free movement.
 ---pagebreak--- No C 70/10                                Official Journal of the European Communities                                    20. 3. 89
The Member State shall immediately inform the Commis-                4. Where neither the manufacturer nor his agent
sion of any such measure, indicating the reasons for its             established in the Community has complied with his
decision and, in particular, whether non-conformity is due           obligations under paragraphs 1, 2 and 3, these obligations
to:                                                                  shall fall to any person placing the mobile machinery on the
                                                                     market in the Community. The same obligations shall
 (a) failure to satisfy the essential requirements set out in        apply to anyone assembling mobile machinery or parts
     Annex I;                                                        thereof of various origins or constructing mobile ma-
                                                                     chinery for his own use.
 (b) incorrect application of the standards referred to in
     Article 5;
 (c) shortcomings in the standards referred to in Article 5                                     Article 9
     themselves.
2. The Commission shall consult the parties concerned                1. Each Member State shall notify the Commission and
without delay. Where the Commission considers, after                 the other Member States of the bodies it has designated to
such consultation, that the action is justified it shall             carry out the certification procedures referred to in
immediately so inform the Member State which took the                Article 8(2) (b). The Commission shall publish, for
initiative and the other Member States. Where the decision           information, a list of these bodies in the Official Journal of
referred to in paragraph 1 is based on a shortcoming in the          the European Communities and keep that list up to date.
standards, and where the Member State taking the decision
maintains its position, the Commission shall immediately             2. Member States must apply the criteria set out in
inform the Committee and initiate the procedures referred            Annex VII for the assessment of the bodies to be notified.
to in Article 6.                                                     Bodies which satisfy the assessment criteria laid down in
                                                                     the relevant harmonized standards shall be presumed to
3. Where mobile machinery which does not comply bears
                                                                     comply with the said criteria.
the EC mark, the competent Member State shall take
appropriate action against whomsoever has affixed the
mark and shall so inform the Commission and the other                3. A Member State which has designated a body must
Member States thereof.                                               withdraw its notification if it finds that the body no longer
                                                                     satisfies the criteria set out in Annex VII. It shall
                                                                     immediately inform the Commission and the other
                           CHAPTER II                                Member State thereof.
                     Certification procedure
                             Article 8
                                                                                              CHAPTER III
1. In order to certify the conformity of mobile machinery
with the terms of this Directive, the manufacturer or his                                       EC mark
authorized representative established in the Community
shall issue an EC conformity declaration as set out in                                         Article 10
Annex II for each mobile machine manufactured, and affix
to it the EC mark referred to in Article 10.                         1. The EC mark shall consist of the symbol 'CE' in
                                                                    conformity with the model given in Annex HI followed by
2. Before placing on the market, the manufacturer, or his           the last two digits of the year in which the mark was
authorized representative established in the Community:             affixed.
(a) if the mobile machinery is not covered by Annex IV or if
     it is covered but is manufactured in accordance with the       2. The EC mark shall be affixed to mobile machinery in
     standards referred to in Article 5, shall make up a            accordance with point 1.6.3 of Annex I.
     dossier as provided for in Annex V;
                                                                    3. The affixing to mobile machinery of marks or
(b) if the mobile machinery is covered by Annex IV but is
                                                                    inscriptions which, owing to their design or position, are
     manufactured without satisfying all or part of the
                                                                    liable to be confused with the EC mark shall be prohibited.
     standards referred to in Article 5, shall submit a model
     of mobile machinery for EC type examination as
     referred to in Annex VI.
3. Where paragraph 2(a) applies, the EC declaration of                                        CHAPTER IV
conformity must certify conformity only to the essential
requirements of the Directive, and the EC mark must                                         Final provisions
conform to the model set out in Annex III.
                                                                                               Article 11
Where paragraph 2(b) applies, the EC declaration of
conformity must certify conformity to the model which has           Any decision taken pursuant to this Directive shall state the
undergone an EC type examination, and the EC mark must              exact grounds on which it is based. Such a decision shall be
conform to the model set out in Annex III.                          notified as soon as possible to the party concerned, who
 ---pagebreak--- 20. 3. 89                                    Official Journal of the European Communities                                      No C 70/11
shall at the same time be informed of the legal remedies                   They shall apply these provisions from 1 January 1993.
available to him under the laws in force in the Member
State in question and of the time limits to which such                     2. Member States shall communicate the texts of the
remedies are subject.                                                      provisions of national law which they adopt in the field
                                                                           covered by this Directive to the Commission.
                             Article 12
1. Member States shall adopt and publish the laws,
regulations and administrative provisions necessary in                                                Article 13
order to comply with this Directive before 1 January 1991.
They shall forthwith inform the Commission thereof.                        This Directive is addressed to the Member States.
                                                                   ANNEX I
                                          ESSENTIAL HEALTH AND SAFETY REQUIREMENTS
                                                      PRELIMINARY OBSERVATIONS
              The preliminary observations of the proposal for a Directive COM(87) 564 final, as amended by COM(88) 267
              final, relating to machinery apply.
              1.1.         General
              1.1.1.        Definitions
                           The definitions of paragraph 1.1.1 of the proposal for a Directive COM(87) 564 final, as amended by
                           COM(88) 267 final, relating to machinery apply with the following additions:
                           '4. "working area" means any area near mobile machinery in which the machinery and/or its tools
                               move in order to carry out the work;
                            5. "driver" means an operator authorized to supervise the movement of mobile machinery; he may
                               also carry out other tasks as appropriate, either from his driving position or from another
                               working position; in certain cases mobile machinery may be controlled by two operators.
                           Notes:
                           (1)    The driver may:
                                 — be carried by the mobile machinery itself — called a "ride-on-driver",
                                 — move in the immediate vicinity of the mobile machinery — called "pedestrian control",
                                 — or stay in a fixed or movable position, with remote control of the mobile machinery.
                           (2)    Mobile machinery must always be moved by a driver, but may have other working positions
                                  than the one occupied by the driver when he is driving the mobile machinery; mobile
                                  machinery may also be controlled by several operators working together.'
              1.1.2.       Principles of inherently safe design
                           Paragraph 1.1.2 of the proposal for a Directive COM(87) 564 final, as modified by COM(88) 267
                           final, relating to machines shall apply with the exception of point 1.1.2 g) which is replaced by:
                           '— The manufacturer, when designing and constructing machines which could equally be intended
                                for use by non-professional operators, should take into account the possibilities for taking
 ---pagebreak--- No C 70/12                           Official Journal of the European Communities                                          20. 3. 89
                        general safety precautions which could reasonably be expected in a non-professional work
                        place.
           1.1.3. Materials and products
                  Paragraph 1.1.3 of the proposal for a Directive COM (87) 564 final, as amended by COM(88) 267
                  final, relating to machinery applies.
           1.1.4.  Lighting
                  Paragraph 1.1.4 of the proposal for a Directive COM(87) 564 final, as amended by COM(88) 267
                  final, relating to machinery applies, with the following changes:
                  The first paragraph is replaced by the following:
                  'If the manufacturer envisages use at night or in dark places, mobile machinery must be fitted with
                  lighting appropriate to the work to be carried out, allowing adequate vision of the working area,
                  without prejudice to any requirements of the highway code or other applicable regulations (such as
                  navigation lights)'.
                  The third paragraph is replaced by the following:
                  'If certain internal parts require frequent inspection they must be provided with appropriate lighting
                  or devices for connection of additional lighting. The same applies to adjustment and maintenance
                  areas. This requirement does not apply to mobile machinery intended solely for underground
                  working.'
           1.1.5. Design of mobile machinery for handling purposes
                  Paragraph 1.1.5 of the proposal for a Directive COM(87) 564 final, as amended by COM(88) 267
                  final, relating to machinery applies, except for the first indent of the first paragraph, which is
                  replaced by the following:
                  '— be capable of being installed and removed safely, for example: stability must be ensured; there
                        must be no dangerous movement when mobile machinery is handled in accordance with the
                        manufacturer's instructions, etc.'.
           1.2.   Controls
           1.2.1. Driving position
                  The driving position must be so designed and constructed that all manoeuvres necessary for the
                  operation of the mobile machinery can be performed by the driver from the driving position without
                  risk or excessive fatigue.
                  If the dimensions of mobile machinery and/or its conditions of use allow, ride-on drivers must be
                  housed in a driver's cab.
                  Such cabs must:
                  — comprise a seat, unless the driver has to work in a standing position,
                  — and must be designed and constructed to protect the driver against bad weather and extreme
                       climatic conditions,
                  — and allow rapid evacuation.
                  The materials used for the cab and its fittings must be fire-resistant.
                  Depending on the work to be carried out and the climatic conditions or the place of use, the cab must
                  be designed, constructed and/or equipped to ensure that the driver enjoys good working conditions
                  (e.g. ventilation, heating, visibility, noise reduction, protection against falling objects and rollover
                  protection).
                  Visibility from the driving position must be such that the driver can operate the mobile machinery
                  and its tools in the intended conditions of use in complete safety for himself and the exposed persons.
                  Where necessary, optical aids must be provided to remedy inadequate direct vision.
 ---pagebreak--- 20. 3. 89                           Official Journal of the European Communities                                            No C 70/13
                 There may be two or more driving positions to facilitate forward and reserve manoeuvres of the
                 mobile machinery; in this case each driving position must be provided with all the necessary
                 controls. Where the various driving positions are not in direct line of sight of one another, mobile
                 machinery must be so designed and constructed that the use of one of them precludes the use of the
                 others.
                 Mobile machinery must be so designed and constructed that there can be no accidental contact with
                 the wheels or tracks from the driving position. The driving position must be so designed and
                 constructed as to avoid any health risk due to exhaust gases and/or a lack of oxygen.
          1.2.2.  Seating
                 The driving seat of any mobile machinery must keep the driver in a stable position, be comfortable
                 and easily adapted to drivers of different weights and heights.
                 Where mobile machinery is fitted with a rollover protection structure, the seat must be equipped
                 with a safety belt or equivalent device which does not restrict movement due to the suspension or
                 required when driving.
                 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 seat, the driver must have footrests covered with a non-slip
                 material.
                 If operators other than the driver are occasionally or regularly carried by mobile machinery,
                 appropriate places, preferably equipped with seats, must be provided to transport them without risk.
                 Seats, where provided, must comply with the characteristics set out above.
          1.2.3. Safety and reliability of controls
                 Paragraph 1.2.1 of the proposal for a Directive COM(87) 564 final, as amended by COM(88) 267
                 final, relating to machinery applies.
          1.2.4. Control devices
                 Paragraph 1.2.2 of the proposal for a Directive COM(87) 564 final, as amended by COM(88) 267
                 final, relating to machinery applies, with the following amendments.
                 Add the following as an introduction:
                 'The driver must be able to operate all the controls as required to operate the mobile machinery from
                 the driving position, except for functions which can be safely activated using controls located away
                 from the driving position. This relates in particular to working positions other than the driving
                 position or for which the driver has to leave the driving position in order to carry out the manoeuvre
                 in complete safety.'
                 Add the following at the end of the sixth indent:
                 '— Where there are pedals they must be of an appropriate shape, size and spacing; they must have a
                     non-slip surface and be easy to clean.
                 — Brake, accelerator and clutch pedals, and reversing pedals where fitted, must be designed,
                     constructed and arranged so that they can be operated without risk of confusion.
                 — The functions of the various pedals must be clearly indicated in the instruction manual and in a
                     legible and indestructible position visible at all times to the driver in his normal driving position.
                 — The accelerator and brake controls for the movement of mobile machinery running on rails for
                     use in underground mines must be manual. The dead-man's control may be foot operated,
                     however.
 ---pagebreak--- No C 70/14                            Official Journal of the European Communities                                         20. 3. 89
                  — In the case of wheeled mobile machinery, the steering system must be designed to reduce the force
                      of sudden movements of the steering wheel or steering lever, caused by the reaction of the steered
                      wheels.'
                  The following is added at the end of the paragraph:
                  'Where their operation can lead to hazards, notably dangerous movements, the controls of mobile
                  machinery, except those having several predetermined positions, must return to the neutral position
                  as soon as they are released by the operator.
                  Where self-propelled machinery has working positions other than the main driving position, it must
                  be possible to lock the controls located in these positions from the main driving position.
                  Any control that locks the differential must be so designed and arranged that it allows the differential
                  to be unlocked when the machinery is moving.
                  The controls of powered roof supports must be designed and laid out so that during displacement
                  operations the operators are sheltered by a support in place. The controls should be protected
                  against all unexpected activation.'
           1.2.5.  Starting
                  It must be possible to start mobile machinery, restart it after a stoppage for whatever reason, or make
                  a significant change in the speed only by voluntary action of a control provided for the purpose,
                  except in the case of the normal operation of an automatic device.
                  Movements of mobile machinery with a ride-on driver must be possible only if the driver is at his
                  driving position and is sure that he can control the mobile machinery.
                  Movements of pedestrian-controlled mobile machinery must be possible only while there is
                  sustained action on the relevant control by the driver; where no such device is provided, an
                  emergency stop device must be fitted.
                  All mobile machines must have a means of preventing unauthorized starting.
                  The starter must function only if appropriate measures have been taken (e.g. clutch disengaged,
                  gearbox in neutral, etc.) to ensure that no unintended movement of the mobile machinery or its tools
                  can result.
                  It must be possible to start internal combustion engines without the help of dangerous auxiliary
                  facilities.
           1.2.6. Stopping devices
                  Paragraph 1.2.4 of the proposal for a Directive COM(87) 564 final, as amended by COM(88) 267
                  final, relating to machinery applies, preceded by the following:
                  'Normal stopping
                  Without prejudice to the requirements of road traffic regulations, self-propelled mobile machinery
                  and trailers must meet the requirements for slowing down, stopping, braking and immobilization so
                  as to ensure safety under all conditions of service, loading, speed, ground conditions and gradient
                  envisaged by the manufacturer and corresponding to situations usually encountered.
                  The driver must be able to slow down and stop self-propelled mobile machinery by means of a main
                  device. In case of failure of the main brake, a fully independent and easily accessible emergency brake
                  must be provided for slowing down and stopping.
                  A purely mechanical parking device must be provided to keep stationary equipment immobile; this
                  parking brake must be latching and may be combined with one of the devices referred to in the
                  preceding paragraph.
 ---pagebreak--- 20. 3. 89                           Official Journal of the European Communities                                           No C 70/15
                  Mobile machinery which is remote controlled (by cables, radio, etc.) must be designed and
                  constructed to stop automatically if the driver loses control.
                  Self-propelled machinery running on rails, for use in underground mines must be equipped with a
                  dead-man control acting on the circuit controlling the movement of the machinery.'
          1.2.7.   Reversing
                  In the case of pedestrian-controlled mobile machinery it must be possible to engage the reversing
                  control only if this is not hazardous; the reversing speed must be such that it does not endanger the
                  driver.
                  In the case of pedestrian-controlled agricultural and forestry machinery with a rear-mounted rotary
                  tool, it must be possible to engage the reversing control only after disengaging the tools. If, however,
                  the machine is propelled by the tool, the reversing speed must be such that it does not endanger the
                  driver.
                  Where the accompanying driver's usual standing position is in the path of the mobile machinery
                  when it is in reverse, the machine must be so designed and constructed as to avoid any risk of
                  crushing if the driver falls (for example by use of a control requiring sustained action).
          1.2.8.  Mode selection
                  Paragraph 1.2.5 of the proposal for a Directive COM(87) 564 final, as amended by COM(88) 267
                  final, relating to machinery applies.
          1.2.9.  Power supply failure
                  Paragraph 1.2.6 of the proposal for a Directive COM(87) 564 final, as amended by COM(88) 267
                  final, relating to machinery applies.
          1.2.10. Control circuit failure
                  Paragraph 1.2.7 of the proposal for a Directive COM(87) 564 final, as amended by COM(88) 267
                  final, relating to machinery applies with the following addition:
                  '— Failure of power-assisted steering, where fitted, must not prevent mobile machinery from being
                        steered during the time required to park it in a place which is not dangerous.'
          1.3.    Protection against mechanical hazards
          1.3.1.   Stability
                  Mobile machinery, components and fittings thereof must be so designed and constructed that they
                  are sufficiently stable, under the intended operating conditions, in use, storage or parking, without
                  risk of overturning, falling or unforseeable movement.
                  Powered roof supports must be so designed and constructed as to maintain an adequate orientation
                  when moving and not to slip before they come under load. They must be equipped with anchorages
                  for the top plates of the individual hydraulic props themselves.
          1.3.2.  Uncontrolled     movements
                  When a part of a mobile machine has been stopped, any drift away from the stopping position, for
                  whatever reason other than action on the controls, must be such that it is not a hazard to exposed
                  persons.
                  Mobile machinery must be so designed and constructed as to reduce the amplitude of movement of
                  its centre of gravity and to eliminate hazards due to such movement.
          1.3.3.  Risk of break-up during operation
                  Paragraph 1.3.2 of the proposal for a Directive COM(87) 564 final, as amended by COM(88) 267
                  final, relating to machinery applies, the fourth paragraph being amended as follows:
 ---pagebreak--- No C 70/16                             Official Journal of the European Communities                                           20. 3. 89
                    'Parts of mobile machinery rotating at high speed which, despite the measures taken, may break up
                    or disintegrate, must be mounted and guarded in such a way that during breakage their fragments
                   will be contained or, failing this, cannot be projected towards the driving and/or operating
                    positions.'
           1.3.4.    Rollover
                   Where the use of self-propelled mobile machinery with a ride-on driver and possibly ride-on
                    operators involves a risk of rollover, it must be designed and constructed, where its dimensions
                    allow, to receive a rollover protective structure (ROPS). Such structures must conform to the specific
                   directives in force.
                   For mobile agricultural and forestry machinery the rollover protective structure may be one of those
                    required for wheeled agricultural and forestry tractors as described in the specific directives in force.
           1.3.5.  Falling objects
                   Precautions must be taken to prevent objects or materials coming from the mobile machinery itself
                   or created by its work falling or being ejected in a manner hazardous to exposed persons.
                   Furthermore, where there is a risk during operation to the driver and any operators from falling
                   objects or materials, self-propelled mobile machinery must be so designed and constructed, where its
                   dimensions allow, to receive a falling-object protective structure (FOPS). Such structures must
                   conform to the specific directives in force.
           1.3.6.  Falls and access to the working or service positions
                   The manufacturer must provide safe access to and from all working, adjustment and maintenance
                   positions; special attention must be paid to the driving position.
                   Parts of mobile machinery where people are likely to need access, to move or to stay must be designed
                   and constructed in such a way as to avoid falls (for example by fitting hand rails, gates, etc.), must
                   have non-slip surfaces, steps, footboards and rungs which are easily cleaned and allow water and
                   mud to run off. The support surface must be sufficiently large and must have side stops where
                   necessary.
                   Powered roof supports must allow for unhindered movement of the personnel.
                   Handholds must be provided; it must not be possible for controls to be used as supports or
                   handholds.
           1.3.7.  Hazards due to surfaces, edges or angles
                   Paragraph 1.3.4 of the proposal for a Directive COM(87) 564 final, as amended by COM(88) 267
                   final, relating to machinery applies.
           1.3.8.  Combined mobile        machinery
                   Paragraph 1.3.4(a) of the proposal for a Directive COM(87) 564 final, as amended by COM(88) 267
                   final, relating to machinery applies.
           1.3.9.  Variations in tool rotation speeds
                   Paragraph 1.3.4(b) of the proposal for a Directive COM(87) 564 final, as amended by COM(88) 267
                   final, relating to machinery applies.
           1.3.10. Towing devices
                   All mobile machinery used for towing or intended to be towed must be fitted with towing or coupling
                   devices designed, constructed and arranged to ensure an easy and safe connection. In particular,
                   mobile machinery fitted with a towbar must be equipped with a device to prevent the towbar
 ---pagebreak--- 20. 3. 89                            Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s                     No C 70/17
                  disconnecting and support it or, if appropriate, a device allowing automatic recovery of the towbar
                  by the towing vehicle.
                  In the case of mobile agricultural or forestry machinery the towbar support must have a bearing
                  surface designed, on the basis of the mass applied, to rest on soft ground.
          1.3.11. Transmission of power between self-propelled mobile machinery (or tractors) and towed mobile
                  machinery
                  Transmission shafts with universal joints linking self-propelled mobile machinery (or tractors) to
                  towed mobile machinery must be guarded on the self-propelled machinery side and the towed
                  machinery side over the whole length of the shaft and associated universal joints.
                  On the side of the self-propelled mobile machinery or tractor, the power take-off to which the
                  transmission shaft is attached must be guarded either by a casing fixed to the self-propelled
                  machinery (or tractor) or by any other device offering equivalent protection.
                  On the towed machinery side, the input shaft must be enclosed in a protective casing fixed to the
                  mobile machinery.
                  Except in special cases (such as very short shafts) torque limitators or flywheels may be fitted to
                  universal joint transmissions only on the side adjoining the driven machine.
                  All towed mobile machinery whose operation requires a transmission shaft to connect it to self-
                  propelled mobile machinery or a tractor, must have a system for attaching the transmission shaft
                  such that when the machinery is uncoupled, the transmission shaft and its guard are not damaged by
                  contact with the ground or a part of the machinery.
                  The outside parts of the guard must be so designed, constructed and arranged that they cannot turn
                  with the transmission shaft, so as to avoid any damage by winding or tearing through contact with
                  another part. The guard must cover the transmission shaft to the ends of the inner 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.
                  It must not be possible for universal joint transmission shaft guards as described in the preceding
                  paragraph to be used as steps.
          1.3.12. Safety of moving parts
                  Paragraph 1.3.5 of the proposal for a Directive COM(87) 564 final, as amended by COM(88) 267
                  final, relating to machinery applies, with the following paragraphs:
                   '1.3.12.1. M o v i n g t r a n s m i s s i o n p a r t s
                               The moving parts of mobile machinery used to transmit power or movement must be
                               designed, constructed, laid out or at least provided with guards or protective devices in
                               such a way as to prevent all risk of contact which could lead to accidents, notably due to
                               impact, severing, crushing, relative movement, speed, the energy involved, or to the
                               arrangement or shape of the constructional parts or materials used.
                               Guards, where needed, must be fixed where possible, especially where access is rarely
                               needed. They must be of robust construction and securely held in place. They must be
                               fixed by systems that can be opened only with tools or keys.
                               Where frequent servicing is required, removable guards, as far as possible remaining
                               fixed to the mobile machinery when open, fitted with a support system, and not needing a
                               tool or key to open them, may be used provided that they are associated with a locking
 ---pagebreak--- No C 70/18                             Official Journal of the European Communities                                           20. 3. 89
                               device such that the opening of the guard stops the moving parts and closure of the guard
                               allows starting up only by voluntary action of the control provided.
                               In the case of internal combustion engines, access to the engine compartment, if any, must
                               be prevented by removable guards; these need not have locking devices if they have to be
                               opened either by the use of a tool or key, or a control located in the driving position if the
                               latter is in a fully enclosed cab with a lock to prevent unauthorized access.
                  1.3.12.2.    M o v i n g p a r t s involved in the w o r k i n g p r o c e s s
                               Where mobile machinery has a working position occupied by one or more operators,
                               other than the driving position, moving parts involved in the working process and which,
                               owing to their relative movement, speed, mass or the energy involved can cause accidents,
                               notably due to impact, severing, crushing or ejection, must be designed, constructed,
                               arranged or controlled in such a way that they are inacessible during operation. Failing
                               this, they must be fitted with guards or protective devices offering an equivalent degree of
                               safety.
                               However, where all or part of certain such moving parts cannot be made inaccessible
                               during operation owing to the need for operator intervention, they must, as far as is
                               technically possible, be fitted with guards or protective devices limiting accessibility,
                               preventing in particular access to the sections of the parts which are not used in the
                               working process. They must be fitted with devices allowing the risk of any accident that
                               occurs to be eliminated, such as emergency stop devices which are easily reached from the
                               danger zone. Moreover, if the working position is not directly visible from the driving
                               position, it must not be possible to start the movement from the driving position until the
                               operators concerned have activated an enabling control.
                               All the necessary steps must be taken to prevent accidental blockage of moving parts
                               involved in the work. If despite precautions taken a blockage occurs, the instruction
                               manual and possibly a sign on the machinery should give the necessary instructions for
                               safe unblocking.'
           1.4.   Protection against other hazards
           1.4.1. Electricity supply
                  Paragraph 1.5.1 of the proposal for a Directive COM(87) 564 final, as amended by COM(88) 267
                  final, relating to machinery applies, with the addition of the following two paragraphs:
                  'The battery housing must be so constructed and located as to reduce as far as possible the chance of
                  electrolyte being ejected on to the operator in the event of rollover and/or to reduce the accumulation
                  of vapours in places occupied by operators.
                  Mobile machinery must be designed and constructed to allow for easy disconnection of the battery.'
           1.4.2. Static electricity
                  Paragraph 1.5.2 of the proposal for a Directive COM(87) 564 final, as amended by COM(88) 267
                  final, relating to machinery applies.
           1.4.3. Energy other than electricity
                  Paragraph 1.5.3 of the proposal for a Directive COM(87) 564 final, as amended by COM(88) 267
                  final, relating to machinery applies.
           1.4.4. Extreme     temperatures
                  Paragraph 1.5.4 of the proposal for a Directive COM(87) 564 final, as amended by COM(88) 267
                  final, relating to machinery applies.
 ---pagebreak--- 20. 3. 89                            Official Journal of the European Communities                                         No C 70/19
          1.4.5.  Fire
                  Paragraph 1.5.5 of the proposal for a Directive COM(87) 564 final, as amended by COM(88) 267
                  final, relating to machinery applies, with the addition of the following two paragraphs:
                  'Mobile machinery must be fitted, where its dimensions permit, with:
                  — mountings allowing easily accessible fire extinguishers to be fitted,
                  — or automatically triggered extinguisher systems. Such systems are compulsory for mobile
                      machinery intended for use in underground mines and which is highly flammable.
                  Mobile machines with internal combustion engines for use in underground mines must operate on
                  diesel fuel only. Their braking systems must be so designed and constructed as not to produce sparks
                  or cause fires.'
          1.4.6.   Explosion
                  Paragraph 1.5.6 of the proposal for a Directive COM(87) 564 final, as amended by COM(88) 267
                  final, relating to machinery applies.
          1.4.7.   Noise
                  Paragraph 1.5.7 of the proposal for a Directive COM(87) 564 final, as amended by COM(88) 267
                  final, relating to machinery applies, with the addition of the following paragraph:
                  'Special attention must be given to requirements regarding noise in relation to the health of workers
                  or to the environment, in accordance with the specific directives in force.'
          1.4.8.   Vibration
                  Paragraph 1.5.8 of the proposal for a Directive COM(87) 564 final, as amended by COM(88) 267
                  final, relating to machinery applies.
          1.4.9.   Radiation
                  Paragraph 1.5.9 of the proposal for a Directive COM(87) 564 final, as amended by COM(88) 267
                  final, relating to machinery applies.
          1.4.10. Emissions of dust, gases, etc.
                  Machinery must be so designed, constructed and/or equipped that hazards due to gases, liquids,
                  dust, vapours, aerosols or other waste materials from the products it uses, processes or packages can
                  be avoided.
                  Where a hazard exists, mobile machinery must be so equipped that the said substances can be
                  collected for discharge in an area where there is no hazard, precipitated by water spraying, or treated
                  in the case of harmful products which cannot be discharged untreated.
                  Collection or spraying equipment must be located as close as possible to the point of emission.
                  Where mobile machinery is designed to spread products, it must be equipped with a cab designed and
                  constructed to ensure good working conditions for the driver.
                  Exhaust gases from internal combustion engines must be discharged in a way that is not hazardous to
                  operators.
                  Exhaust gases from internal combustion engines of mobile machinery intended for use in
                  underground mines must not be discharged upwards.
          1.4.11. Use of mobile machinery for lifting    operations
                  Where the manufacturer envisages occasional use of mobile machinery for lifting operations or
                  mobile machinery is equipped with accessories allowing such use, it must be designed and
                  constructed to comply with the essential health and safety requirements relevant to such operations.
 ---pagebreak--- No C 70/20                           Official Journal of the European Communities                                           20. 3. 89
           1.5.    Maintenance
           1.5.1. Machinery      maintenance
                  Paragraph 1.6.1 of the proposal for a Directive COM(87) 564 final, as amended by COM(88) 267
                  final, relating to machinery applies, with the addition of the following paragraph:
                  'The cleaning of internal parts of mobile machinery which have contained potentially toxic products
                  must be possible without entering such internal parts; any necessary unblocking must also be
                  possible from the outside.'
           1.5.2. Isolation of power sources
                  Paragraph 1.6.3 of the proposal for a Directive COM(87) 564 final, as amended by COM(88) 267
                  final, relating to machinery applies.
           1.6.   Indicators
           1.6.1. Warning devices
                  Paragraph 1.7.1 of the proposal for a Directive COM(87) 564 final, as amended by COM(88) 267
                  final, relating to machinery applies, with the addition of the following paragraph between the first
                  and second paragraphs:
                  'Where the health and safety of exposed persons depends on the correct operation of mobile
                  machinery, it must be equipped with a warning device to indicate any unintended stoppage or fault
                  in operation.'
           1.6.2. Signalling and warning
                  Mobile machinery must have means of signalling and, where appropriate, instruction plates
                  concerning the use, adjustment and maintenance wherever necessary to ensure the health and safety
                  of exposed persons. They must be so chosen, designed and constructed as to be easily perceived and
                  durable. Instructions should preferably use readily understandable pictograms supplemented where
                  necessary by texts in the languages of the country of use and, on request at the time of ordering, in the
                  languages understood by the operators.
                  Without prejudice to the requirements to be observed for travelling on the public highway, mobile
                  machinery with a ride-on driver must have the following equipment:
                  — an acoustic warning device to alert exposed and/or third persons,
                  — a system of light signals appropriate to the intended conditions of use, such as stop lights,
                      reversing lights and rotating beacons. This latter requirement does not apply to mobile
                      machinery intended solely for underground working and having no electrical power.
                  Mobile machinery whose use involves frequent reversing (such as: loaders, front-end loaders,
                  bulldozers, graders, etc.), must, when the driver cannot see directly behind, be fitted with devices to
                  alleviate his restricted vision.
                  Remote-controlled mobile machinery which under normal conditions of use exposes persons to
                  impact hazards must be fitted with appropriate means to signal its movements and to protect
                  exposed persons against such hazards.
                  Mobile machinery must be so constructed that all the warning and signalling devices cannot be
                  disabled simultaneously. Where this is essential for safety, such devices must be provided with
                  facilities for checking their correct operation and their failure must be clearly indicated to the
                  operator.
                  Where the movement of mobile machinery or its tools is hazardous, signs must be provided to warn
                  against approaching the machinery while it is working; signs must be legible at a sufficient distance
                  to ensure the safety of persons who have to be in the vicinity.
           1.6.3.  Marking
                  The minimum particulars required by paragraph 1.7.3 of the proposal for a Directive COM(87) 564
                  final, as amended by COM(88) 267 final, relating to machinery should be supplemented by the
                  following:
 ---pagebreak--- 20. 3. 89                                 Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s                          No C 70/21
                      After the fourth indent, add the following indents:
                      '— power expressed in kW,
                      — mass, in kg, of the most usual configuration (s),
                      — technically possible trailer mass,
                      — permissible trailer coupling load or towbar pull.'
                      At the end of the paragraph add the following:
                      'Where a mobile machinery part has to be handled with lifting equipment, its mass must be indicated
                      on it in a legible and durable manner. This is particularly important for parts of low volume but high
                      mass.
                      Complete units of mobile machinery, designed to be towed, pushed or carried by mobile machinery
                      or tractors must bear the same particulars.'
          1.6.4.      Instruction    handbook
                      Paragraph 1.7.4 of the proposal for a Directive COM(87) 564 final, as amended by COM(88) 267
                      final, relating to machinery applies with the following amendments:
                      At the end of paragraph (a), add the following:
                      'In the case of machinery allowing several uses depending on the equipment used:
                      — manufacturers of basic machinery (such as tractors) must give information regarding equipment
                          which can be attached, notably fluid connections, forces and moments at fixing points, etc.,
                      — manufactures of add-on equipment must give the complementary information: forces and
                          moments created by the accessory, power consumption, e t c '
                      Paragraph (e) is replaced by the following:
                      'The instruction handbook must give the following information concerning vibrations emitted by
                      mobile machinery:
                      — level of vibrations transmitted to the upper limbs where the effective value of acceleration
                          equivalent exceeds 5 m/s 2 ,
                      — overall level of vibrations in the body (through the feet or seat) where the effective acceleration
                          equivalent exceeds 0,5 m/s 2 .
                      The operating conditions of the mobile machinery during measurement, the measurement points
                      and the duration of measurements must be as specified in the applicable standard. If there is no
                      applicable standard, the operating conditions must correspond to a work cycle representative of the
                      normal use of the mobile machinery.'
                                                                   ANNEX 11
                                                   A. EC declaration of conformity (J)
          The EC declaration of conformity must include the following:
          — name and address of the manufacturer or his authorized representative established in the Community (2),
          — description of the machinery (3),
          (*) This declaration must be drawn up in the same language as the instruction handbook (see Annex I, paragraph 1.6.4), either
              typewritten or handwritten in block capitals.
          (2) Business name and full address; authorized representatives must also give the business name and address of the
              manufacturer.
          (3) Description of machinery (make, type, serial number, etc.).
 ---pagebreak--- No C 70/22                            Official Journal of the European Communities                                          20. 3. 89
           — regulations with which the machinery complies,
           — name and address of approved body and number of EC type-approval certificate, if any,
           — for machinery referred to in Article 4, reference to harmonized standards where appropriate,
           — identification of person empowered to sign on behalf of the manufacturer or his representative.
                                           B. Manufacturer's declaration [Article 4(2)]
           The manufacturer's declaration referred to in Article 4(2) must include the following:
           — name and address of the manufacturer,
           — description of the machinery or machinery parts,
           — statement that it may not be put into service until the machinery into which it is to be incorporated has been
              declared in conformity with the provisions of the Directive,
           — identification of person signing.
                                                            ANNEX III
                                                       MODEL EC MARK
           This mark should be followed by the last two digits of the year of manufacture in characters of the same height
           and thickness as the above model.
           The EC mark must be at least 5 mm in height.
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                                                            ANNEX    IV
            TYPES OF MOBILE MACHINERY OR PARTS THEREOF FOR WHICH THE PROCEDURE SET
                                        OUT IN ARTICLE 8(2) (b) MUST BE APPLIED
          (EC type examination if the machinery does not conform entirely to a standard or the standards covering all the
          applicable essential safety requirements.)
          1. Agricultural and forestry tractors
             Shafts with universal joints.
          2. Mobile machinery for underground mining and other extractive industries
             (a) mobile machinery working on rails: locomotives and brake wagons,
             (b) internal combustion engines,
             (c) hydraulic powered roof supports.
                                                            ANNEX     V
                                              DECLARATION OF CONFORMITY
          1. The EC declaration of conformity is the instrument by means of which an authorized person representing
             the manufacturer, or his representative established in the Community ( J ), declares that the mobile
             machinery being placed on the market complies with all the essential safety requirements applying to it.
          2. The EC declaration of conformity authorizes the manufacturer, or his authorized representative in the
             Community, to affix the EC mark to mobile machinery.
          3. Before drawing up the EC declaration of conformity, the manufacturer, or his authorized representative in
             the Community, must have ensured and be able to guarantee that the documentation listed below is and will
             remain available on his premises for the purposes of any inspection:
             (a) A technical construction dossier comprising:
                 — an overall drawing of the mobile machinery together with drawings of the control circuits,
                 — full detailed drawings, accompanied by any calculation notes; test results, etc. required to
                      manufacture the mobile machinery,
                 — a list of:
                     — the essential requirements of this Directive,
                     — other texts of regulations, and
                     — standards,
                      which were used when the mobile machinery was designed,
                 — a description of the methods adopted to eliminate hazards presented by the mobile machinery,
                 — if so desired, any technical report or certificate obtained from a competent body,
                 — a copy of the instruction handbook for the mobile machinery.
             (b) For series manufacture, the internal measures that will be implemented to ensure that the machinery
                 remains in conformity with the provisions of the Directive.
             (a) The documentation referred to in 3(a) and (b) 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.
          0) See also Article 8(4).
 ---pagebreak--- No C 70/24                              Official Journal of the European Communities                                         20. 3. 89
                  It need not include detailed plans or any other specific information as regards the subassemblies used for
                  the manufacture of the mobile machinery unless a knowledge of them is essential for verification of
                  conformity with the essential safety requirements.
              (b) The documentation referred in to 3(a) and (b) above must be retained and kept available for the
                  competent national authorities under Article 23 for at least ten years following the date of manufacture
                  of the mobile machinery or of the last unit produced in the case of series manufacture.
              (c) Where the competent national authorities under Article 2 consider that mobile machinery with an EC
                  certificate of conformity and bearing the EC mark does not conform to the requirements of this
                  Directive, they may consult the documentation kept available for them. Failure to present the
                  documentation may constitute sufficient grounds for doubting the presumption of conformity with the
                  requirements of the Directive.
              (d) The documentation referred to in 3(a) and (b) above must be drawn up in one of the official languages of
                  the Community.
                                                              ANNEX     VI
                                                     EC TYPE-EXAMINATION
           1. EC type-examination is the procedure by which an approved inspection body ascertains and certifies that an
              example of mobile machinery satisfies the provisions of this Directive which apply to it.
           2. EC type-examination is applied for by the manufacturer or his authorized representative established in the
              Community, with a single approved inspection body, in respect of an example of the mobile machinery.
              The application should include:
              — the name and address of the manufacturer or his authorized representative and the place of manufacture
                  of the machinery,
              — a technical construction dossier comprising at least:
                  — an overall drawing of the mobile machinery together with drawings of the control circuits,
                  — full detailed drawings, accompanied by any calculation notes, test results, etc. required to
                      manufacture the machinery,
                  — a description of methods adopted to eliminate hazards presented by the mobile machinery,
                  — a copy of the instruction handbook for the machinery,
                  — for series manufacture, the internal measures that will be implemented to ensure that the mobile
                      machinery remains in conformity with the provisions of the Directive.
              It must be accompanied by a mobile machine representative of the planned production or, where
              appropriate, an indication of the place where the machinery can be examined.
              The documentation referred to above need not include detailed drawings or any other specific information
              as regards subassemblies used in the manufacture of mobile machinery unless a knowledge of them is
              essential for verification of conformity with the essential safety requirements.
           3. The notified body must carry out the EC type-examination as described below:
              — It examines the technical construction dossier to check its appropriateness and the mobile machinery
                  supplied or made available.
              — During the examination of the mobile machinery, the body must:
                  (a) ensure that it has been manufactured in conformity with the technical construction dossier and may
                      safely be used under its intended working conditions;
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                  (b) check that where standards have been used, they have been used correctly;
                  (c) perform appropriate examinations and tests to check that the mobile machinery complies with the
                      essential requirements applicable to it.
          4. If the example complies with the provisions applicable to it, the body must issue an EC type-examination
            _ certificate and forward it to the applicant. The certificate sets out the conclusions of the examination,
             indicates any conditions to which its issue may be subject and includes any descriptions and drawing
             necessary to identify the approved pattern.
             The Commission, 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 dossier and the reports on the examinations and
             tests carried out.
          5. The manufacturer or his authorized representative established in the Community must inform the notified
             body of all changes, even minor ones, which he has made or plans to make to the pattern of machinery
             concerned. The notified body examines the changes and informs the manufacturer or his authorized
             representative established in the Community as to whether the type-approval certificate is still valid.
          6. A body which refuses to issue an EC type-examination certificate must so inform the other approved bodies.
             A body which withdraws an EC type-examination certificate must so inform the Member State which
             approved it. The latter must inform the other Member States and the Commission thereof, giving the
             reasons for the decision.
          7. The dossiers and correspondence referring to the EC type-examination procedures must be drawn up in an
             official language of the Member State in which the approved body is established or in a language acceptable
             to it.
                                                             ANNEX    VII
                 MINIMUM CRITERIA T O BE TAKEN INTO ACCOUNT BY MEMBER STATES WHEN
                                              APPOINTING INSPECTION BODIES
          1. The inspection body, its director and the staff responsible for carrying out the verification tests may not be
             the designer, manufacturer, supplier or installer of machinery which they inspect, nor the authorized
             representative of any of those parties. They may not become directly involved in the design, construction,
             marketing or maintenance of the machinery. This does not preclude the possibility of exchanges of technical
             information between the manufacturer and the inspection body.
          2. The inspection body and its staff shall carry 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 judgment or the results of the inspection, especially from persons or
             groups of persons with an interest in the result of verifications.
          3. The inspection body shall have at its disposal the necessary staff and possess the necessary facilities to enable
             it to perform 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:
             — a sound technical and professional training,
             — a 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 performance of
                  the tests.
          5. The impartiality of inspection staff shall be guaranteed. Their remuneration shall not depend on the number
             of tests carried out or on the results of such tests.
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           6. The inspection 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 reponsible for the tests.
           7. The staff of the inspection body shall be bound to observe professional secrecy with regard to all
              information gained in carrying out its tasks (except vis-a-vis the competent 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.