CELEX: 51987PC0564
Language: en
Date: 1987-12-14
Title: PROPOSAL FOR A COUNCIL DIRECTIVE on the approximation of the laws of the Member States relating to machinery (presented by the Commission)

ARCHIVES HISTORIQUES
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DOCUMENTS "COM"
COM (87) 564
Vol. 1987/0280
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                               COM(87 ) 564  final
                                       Brussels , 14 december 1987
                   PROPOSAL FOR A COUNCIL DIRECTIVE
         on the approximation of the laws of the Member States
                          relating to machinery
                   ( presented by the Commission )
 ---pagebreak---                               RESUME
La présente proposition de directive se place dans le cadre du
programme de travail du Livre Blanc .
Elle est basée sur la résolution du Conseil du 7.5.85 concernant
la nouvelle approche en matière d' harmonisation technique et de
normalisation .
Le champ d' application est d' une étendue considérable comprenant
sous la définition " Machines " des machines allant d' une concep­
tion très simple aux machines et installations très complexes
telles que les cellules et ateliers flexibles . Cependant
certaines catégories de machines restent exclues pour lesquelles
des directives spécifiques seront établies ultérieurement .
En ce qui concerne la certification , le système proposé repose
sur la déclaration de conformité par le fabricant .
Du   point  de vue  technique    la proposition  contient  dans  son
annexe , d' une part des exigences essentielles de sécurité
relatives à la conception et à la construction s' appliquant à
l' ensemble des machines , d' autre part des exigences particulières
concernant certaines catégories de machines .
Il incombera à la normalisation européenne de matérialiser ces
exigences par des normes européennes qui , si elles sont suivies
par le fabricant , préjugeront de la conformité des machines .
                                                                    X
 ---pagebreak---                                    Explanatory memorandum
      General
      1.  Subject
          This proposal for a Directive has been prepared in application of the
          Council resolution of 7 May 1985 ^ on a new approach to technical
          harmonization and standards .        It is part of the work programme set
          out in the white paper which should lead to the completion of the
          internal market before the end of 1992 .
          The machinery     sector     covered  by  this  proposal includes not only
          individual machines but also more complex assemblies .
          Thus the area covered is very broad and of prime economic importance
          to the Community , machine tools in the broad sense being only the
          central nucleus .
1
  OJ No C 136 , 4.6.1985 , p   1 .
                                                                                    ъ
 ---pagebreak---                                         *
                                      2
The   aim   of    the    Directive    is   to   harmonize   national   provisions
concerning safety of new machinery during manufacture and in use . It
therefore has a dual aim : firstly the introduction of Community
legislation on the prevention of industrial accidents and secondly
the elimination of barriers to trade arising out of the disparity of
such provisions . In the pursuit of the first of these objectives
this proposal , which relates to machinery manufacture and design ,
complements another Directive being prepared by the Commission which ,
in a more general way , will cover the use of machinery at the
workplace from the point of view of workers' safety .
The first of these Directives lays down the conditions to be observed
by the manufacturer for a              machine to be considered safe , and ,
consequently , to be placed on         the market , put into service and used ;
the second , on the other hand ,        will cover users , on the understanding
that it will not require ,             at national level , modifications to
machinery which has satisfied the requirements of the first Directive .
The scope of the sector covered ,           the number of machines concerned ,
the   comprehensive      and   systematic    nature of    the  safety philosophy
underlying the essential requirements laid down , and the impact it
will   have    on   the    progress   of   European   standardization ,   are  all
 factors   that    make    this  proposal     one  of  the   most  ambitious   and
 important   drafts     in   the  field of     technical harmonization and the
 completion of the internal market in manufactured products .
 The oaraplete corpus of the essent-lAl safety requirements as well as
the drawing up of each one will allow a high level of protection to
he attained .
 ---pagebreak---                                                 3
     2.  Economic and social impact
         The value of all EEC engineering production in 1984 was about 180 000
         million    ECU .    According     to   recent    estimates     this   figure has now
         exceeded    the    200 000   million     ECU   level .     It  is   estimated  that   a
          little more than half of this production , namely between 110 000 and
          120 000 million ECU falls within the scope of the Directive .
         The Commission , before committing itself to the preparation of its
         proposal , conducted an in-depth survey to examine the national
          regulations affecting this huge sector . The survey results confirmed
          that there are considerable differences between the Member States ,
          not only as regards technical specifications relating to machine
          design , but also, in the administrative procedures for examinations ,
          testing , inspections and marketing and operating authorizations .
          The extent of these differences and their impact on trade within the
          Community    have     always    been     evident     from    the   large   number   of
          complaints that the Commission has had to deal with and which now
          emerge quite clearly from the implementation of the procedures for
          the provision of information in the field of technical regulations
                                                                           2
          and standards laid down by Directive 83 / 189 / EEC .                Since the entry
          into   force    of   these procedures        in   1984 ,   some   80 national draft
          technical    regulations      on    machinery    safety - have     been  notified by
          Member   States .     In   almost    2b%   of   these    cases   the  Commission   has
          decided to deliver detailed opinions owing to the incompatibility of
           these drafts with Community law .
2
  0J No L 109 , 26.4.1983 ,   P- 8 .
 ---pagebreak---                                      4
   Obviously it is no simple matter to assess the economic impact of
   these barriers and to . evaluate their cost .           This difficulty is
   further aggravated by the fact that the sector contains a large
   number    of    small  and   medium-sized    businesses    and   even    craft
   businesses ,    where  barriers   to   trade  very   often   force    them  to
   concentrate on their national or local markets .       An economic analysis
   can   evaluate     the  additional   costs   to  exporting    firms    due  to
   "non-harmonization” , but cannot readily assess the negative value due
   to a lack of expansion or opportunities not taken .
   However , the development of the internal market cannot be considered
   only in terms of overall growth but should also be seen in the
   context of the improvement of living conditions in the Community .
   The economic and social aspects are therefore closely linked and must
   be tackled with an integrated approach .
   There are no Community statistics on the number of accidents caused
   by the use of machinery ; the few figures available at national level
   nevertheless show that the number is high .
   The application of the principles adopted when drafting the Directive
   and in particular the essential requirements , namely the examination
   of the causes of hazards and the incorporation of safety features in
   machinery at the design and construction stages , will make a
   significant contribution to reducing the number of accidents and all
   the associated human and economic consequences .
3. Consultation of the parties concerned
   From the start of       the preparatory work ,    the Commission tried to
    involve all the parties concerned , namely representatives of
   governments , . trade unions ,       industrial    federations ,    inspection
    agencies    and of'' the  European   standards bodies     CEN and CENELEC .
    Furthermore , a delegation of the ad hoc working party on machinery of
 ---pagebreak---                                      ь
   the Advisory Committee on Safety , Hygiene and Health Protection at
   Work took part in the work of the above-mentioned group of experts ;
   the Committee was consulted and delivered a very favourable opinion .
   The Commission will ensure that all the parties concerned , including
   labour    organizations ,   are  involved   in  the   standardization  and
   management work provided for in this Directive .
4. The transitional period
   In order to fulfil their intended role of unifying the markets , it
   must   be   possible  to   accompany  the  Directives   based  on  the new
   approach with standards corresponding to the essential requirements
   of  the Directives .     The Council  resolution of   7 May 1985 provided
   that , as a temporary measure and while awaiting the availability of
   European standards , the presumption of conformity of products to the
   Directive could be proved by conformity to national standards , whose
   correspondence to the essential requirements of the Directive will
   have been verified by a Community inspection procedure .
    More particularly it will stixiy the proposal advanced by the
   European Trade Union Confederation for the establishment of a
   permanent tripartite body allowing the social partners and the
   representatives of public authorities to evaluate the impact of the
   application of the directive and the standardisation work at the
   level of workers safety .
 ---pagebreak---                                 *Т 6
However , in the field in question , given the broad scope of the
Directive , it will probably take a relatively long time for all the
necessary European standards to become available ; moreover ,          it may
well not always be possible to offset this lack by using national
standards .
In  these    circumstances   it must   be  anticipated   that ,   during this
period , manufacturers will have to certify the conformity of their
machinery directly with the essential requirements of the Directive
without     the availability of standards to enable a uniform
interpretation of these requirements .
                                                >
There is therefore a danger that , until appropriate standards are
available ,     divergences    of    interpretation    of    the     essential
requirements will lead to frequent recourse to the provisions of the
safeguard clause and thus to a considerable loss of the effectiveness
of the Directive .
This should obviously help to generate a strong desire for rapid
progress    in   European   standardization   and  a  clear     commitment  of
industry to that end .      It is in fact in industry 's interest for the
standardization bodies to make a recognised method               for proof of
conformity available to it as soon as possible .
Until such time as this objective is fully achieved , the Commission
must ensure , by effective management of the procedures provided for
by the safeguard clause , that recourse to that clause does not become
 too frequent .     This could be brought about by arranging effective
cooperation     between    the   Commission ,  Member   States'     inspection
authorities     and   all the   parties   concerned .  The   examination    of
 ---pagebreak---                                       7
   specific examples of recourse should help to develop common attitudes
   to the problem of assessing technical options in relation to the
   essential requirements of the Directive and hence devise action to
   prevent a proliferation of subsequent recourse to the safeguard
   clause .
   This type of cooperation between the Commission and the inspection
   authorities of the Member States already exists and has proved itself
   in the context of the management of several Directives and should be
   applicable ,   using      informal   and   pragmatic  procedures , without
   compromising the exclusive competence conferred by the Treaty on the
   Commission as guardian of Community law .
5. The role of standardization
   The role of standardization is to codify in a free and non-binding
   manner the state of the art as regards the means to be deployed to
   satisfy   the obligations      laid down by the essential requirements .
   Since , under the new approach ,       Member States will have to presume
   that products manufactured in accordance with European standards
   comply with the essential safety requirements , the latter can , in the
   event of a dispute , constitute an extremely important limitation of
    liability for any manufacturer .
    European standardization at the same time helps to achieve the
    objective of industrial rationalization , improve the quality of
   machinery , improve the safety of machinery users and offer the
   manufacturer a degree of legal security . The Commission already has
    the necessary instruments to promote the role of standardization ,
   namely the financial resources provided for in the Community budget
    to finance the activities of CEN and CENELEC , and the standardization
    remits from the Commission to these bodies as provided for in
    Directive 83 / 189 / EEC , with consultation of the Standing Committee
    provided for in Article 5 thereof .
 ---pagebreak---                                           8
         Without underestimating the importance of         these instruments which
         have already proven their effectiveness on the practical and
         political levels , it is clear that the success of standardization ,
         and hence of the Directive itself , will depend to a large extent on
         the level of industry 's commitment to standardization work .
         In the first half of 1987 CEN , encouraged by the Commission , took the
         initiative of setting up a planning committee for the machinery
         sector , composed of representatives of the standards bodies and the
         industry .
         This committee has a threefold task :
         - to draw up an inventory of existing international and national
           standards ;
         - to identify standardization needs        in relation      to the essential
           requirements ;
         - to establish priorities and a standardization programme .
                            {
         On the basis of this programme the Commission , after consulting the
         Standing   Committee   set    up   by  Directive   83 / 189 / EEC , will  give
         standardization   remits     to  CEN/ CENELEC   in   accordance      with  the
         procedure provided for in Article 6 of that Directive .
                                    1
II . The proposal for a Directive
1.   Field of application
     The field of application of this proposal for a Directive covers a very
     broad area from individual machines of very simple design to complex
     installations such as manufacturing cells and flexible workshops .
     The field of application is defined not by an exhaustive list but by a
     definition that is general enough not to become obsolete with normal
     technological development and the appearance of new machinery on the
     market .
 ---pagebreak---                                               9
    Apart from certain express exclusions , the proposal for a Directive sets
     a limit to allow for other Directives containing technical requirements
     relating     to   machinery      construction    and    design .        This    limitation
                                                                          3
     accordingly      refers     also    to   Directive     73 / 23 / EEC      known   as   the
     low-voltage Directive .       In the latter case , however , there is a grey area
     in which machinery can fall within the scope of both Directives .                      The
    Commission       considers      that    these    cases       should       be    solved   by
     standardization , by ensuring that the same technical specifications
     concern the same hazards affecting machinery whatever kind of motive
    power     it   uses .   This    result   can   easily    be     obtained      through  good
     cooperation between the European standards institutions , CEN and CENELEC ,
     and by the guiding role that the Commission can and should play in
     cooperation with the Member States using the procedures laid down by
     Directive 83 / 189 / EEC .
     Moreover , as regards conformity certification procedures , the adoption of
     the machinery Directive should not , in any such cases , call into question
     the Member States' current procedures under the low-voltage Directive .
2.   Conformity certification
     Council Directive 85 / 374 / EEC of 25 July 1985 on the approximation of the
     laws ,   regulations     and administrative provisions of              the Member States
                                                          4
     concerning liability for defective products              will enter into force           an
      30 July 1988 .
 OJ No L  77 , 26.3.1973 ,   P·  29
 OJ No L  210 , 7.8.1985 ,   P·  29
                                                                                                 /
 ---pagebreak---                                      10 -
On the basis of this new Community legislation ,          the proposal for a
Directive on machinery safety provides for a conformity certification
system for the placing on the market and putting into service of products
based on the liability of the manufacturer or his agent , who must make a
declaration of conformity and affix the EC mark to the machinery .
This obligation obviously does not rule out the possibility , which is
always open to the manufacturer or his agent , of obtaining conformity
marks or certificates through a third party , in order to limit his
liability in the event of a dispute .        However , the Directive does not
impose mutual recognition of such proof of conformity on Member States ;
such proof will have to remain a private-law matter between manufacturers
and the bodies issuing such marks or certificates .             The Commission
considers that this solution is consistent with the principle that a
single   Directive  should   not   provide  for different    legal  systems  of
conformity certification which are not of equivalent value .
It should also be stressed that         the planned conformity certification
system based on the manufacturer 's declaration is generally applicable to
all   products   covered   by   the   Directive  regardless   of   whether  the
manufacturer has applied the standards .
This solution seems to be necessary for the following three reasons :
- in general , barring exceptional cases in some countries and for certain
   types of machinery , the current national systems make no provision for
  prior certification by third parties ;
 ---pagebreak---                                             11
- if    a     compulsory      system     of   certification    by    third   parties    had
   nevertheless       to   be    provided     for  machines   not    conforming    to   the
   standards , this would mean in practice that all machinery would have to
   undergo laboratory tests before being placed on the market until such
   time as all the standards were available ( and perhaps afterwards since
   it has not yet been demonstrated that standards will be necessary for
   all   the    essential     requirements     laid  down by the Directive ;        certain
   essential requirements are already sufficiently explicit and a standard
   for   these     would    only     place   unnecessary   restrictions     on   machinery
   design ) ;
- for some machines ,           notably those incorporating new technologies ,           it
   seems to be almost impossible to provide for proof of conformity to the
   provisions      of   the    Directive by anyone       other    than   the manufacturer
   himself .
The    system     provided       for    by  the   Directive ,   however ,   represents     a
substantial departure from the present system in almost all Member States .
While    at    national     level     there are   few examples     of   systems   of prior
certification by third parties ,              it  should also be borne in mind that
 industrial safety inspection authorities have very considerable powers of
appraisal and action , notably as regards the putting into of service of
equipment in factories .
However , such powers cannot under any circumstances nullify the scope of
 the system based on the system of manufacturer’s liability , as regards
 the requirements for the design and manufacture of machinery laid down by
 the Directive and set out in detail by the standards .
                                                                                             43
 ---pagebreak---                                      12
It should    be repeated that the change in relation to national systems
planned by    this proposal for a Directive is justified and compensated at
Community   level by the forthcoming entry into force of the Directive
concerning   liability for defective products .
The essential safety requirements
The essential safety requirements satisfy a number of criteria , sometimes
contradictory , which had to be taken into consideration at the drafting
stage .   Their    aim   is  to  create  Community  legislation     based  on  a
philosophy of inherent safety .
The first principle that they embody is inherently safe machinery design
and construction . Indeed , a machine will always be significantly safer
if all the hazards it can involve have been examined at the design stage
so   as   to    eliminate   them  or  limit  their   consequences ;   additional
prevention measures , especially add-on safety devices , will often be less
effective and more expensive than the elimination of accident hazards at
source .
The second principle adopted was to cover all the hazards that a machine
 could present , so that all situations endangering the safety or health of
users , whether operators or people in the vicinity of , the machine , would
 be anticipated and dealt with . Clearly no machine will have to satisfy
 all the essential requirements of the Directive at once , only those
 relevant to the hazards actually present .      This principle explains , for
 example , why hygiene rules have been laid . down for agri-foodstuffs
 machinery since its design and construction is extremely important to the
 hygiene of the products manufactured .
 ---pagebreak---                                    13
The third principle , which is certainly where the most difficulties lie ,
was to draft requirements that could be applied to all machinery ( small
and large ,  simple and complex ), based on the idea that the essential
requirements should be applicable in the absence of standards but without
relaxing safety standards in relation to the situation in all the Member
States as a whole .    The solution adopted is to describe the essential
requirements in the form of specifications but without specifying the
means of achieving them . In order to achieve the required specifications
the manufacturer is therefore free to interpret them in his own way so as
to satisfy the essential requirements .     The application of harmonized
standards will enable him to use one or more solutions devised by common
consensus ( regulatory bodies , manufacturers and users ) thus representing
the state of the art .   He will of course have the option of not following
the standards but in this case he will have to show that he has achieved
a degree of safety that is at least equivalent .
 ---pagebreak---                           PROPOSAL FOR A COUNCIL DIRECTIVE
              on the approximation of the laws of the Member States
                                relating to machinery
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community , and
in particular Article 100 a thereof .
Having regard to the proposal from the Commission ,
In cooperation with the European Parliament ,
Having regard to the opinion of the Economic and Social Committee ,
1.   Whereas Member States have the responsibility of ensuring the health and
     safety on their territory of their people 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 machinery ;
2.   Whereas , in the Member States , the legislative systems regarding accident
     prevention     are   very   different ;  whereas  the  relevant   compulsory
     provisions ,   frequently   supplemented  by  de facto  mandatory  technical
     specifications and/ or voluntary standards , do not necessary lead to
     different levels of health and safety , but nevertheless , owing to their
     disparities , constitute barriers to trade within the Community ; whereas ,
      furthermore , conformity certification and national certification systems
      for machinery differ considerably ;
 3.   Whereas existing national health and safety provisions providing
      protection against the hazards caused by machinery must be approximated
 ---pagebreak---                                - 2 -
   to ensure free movement of machinery without Lowering existing justified
   Levels of protection in the Member States ; whereas the provisions of this
   Directive concerning the design and construction of machinery , shall be
   accompanied by specific previsions concerning the prevention of certain
   hazards to which workers can be exposed at work , as well as by provisions ,
   based on Article 118 A of the Treaty, regarding the use of machinery and
   organisation of safety of workers in the working environment ;
A.  Whereas  the machinery sector      is an   important part of    the engineering
    industry and is one of the industrial mainstays of the Community economy ;
5.  Whereas paragraphs 65 and 68 of the White Paper on the completion of the
    internal market , approved by the European Council in June 1985 , provide
    for a new approach to legislative harmonization ;
6.  Whereas the social cost of the large number of accidents caused directly
    by the use of machinery can be reduced by inherently safe design and
    construction of machinery and by proper installation and maintenance ;
7.  Whereas the field of application of the Directive must be based on a
    general definition of the term " machinery" so as to allow the technical
    development    of   products ;    whereas     the   development    of    " complex
    installations " and the hazards they involve are of an equivalent nature
    and their express inclusion in the Directive is therefore justified ;
8.  Whereas it is now envisaged to draw up specific Directives containing
    design and construction provisions for certain categories of machinery ;
    whereas the very broad scope of the Directive must be limited in relation
    to  these   Directives  and   also   existing   Directives  where   they   contain
    design and construction provisions ;
 ---pagebreak---                                            3
9.   Whereas Community law , in its present form , provides - by derogation to
     one of the fundamental rules of the Community , namely the free movement
     of goods – that obstacles to movement within the Community , resulting from
     disparities in national legislation relating to the marketing of
     products , must be accepted in so far as such requirements can be
     recognized as being necessary to satisfy imperative requirements ;
     whereas , therefore , the harmonization of laws in this case must be
     limited only to those requirements necessary to satisfy the imperative
     requirements and essential health and safety requirements relating to
     machinery ; whereas these requirements must replace relevant national
     requirements because they are essential ;
10 . Whereas the essential health and safety requirements must be observed in
     order to ensure that machinery is safe ; whereas these requirements must
     be applied with discernment to take account of the state of the art at
     the time of construction and technical and economic requirements ;
11 . Whereas the use of machinery , within the meaning of this Directive can
     relate only    to   the use' of   the machinery    itself as   intended by the
     manufacturer ;   whereas   this   does  not   preclude    the  laying  down  of
     conditions of use external to the machinery , provided that it is not
     therefore modified in a way not specified in this Directive ;
12 . Whereas ,  for  trade   fairs , exhibitions ,  etc .   it must be possible   to
     exhibit    demonstration     machinery   which ,     for  the   needs  of   the
     demonstration ,   do not conform to the Directive ; whereas , however , the
     persons concerned should be properly informed of such non-conformity and
     that such machinery cannot be purchased in that condition ;
                                        ¥
                           3
 ---pagebreak---                                                 4
13 .  Whereas therefore this Directive defines only the essential health and
      safety requirements of general application , supplemented by a number of
      more specific requirements for certain categories of machinery ; whereas
      in order to help manufacturers to prove conformity to these essential
      requirements ,    it is desirable to have standards harmonized at European
      level for prevention of             hazards arising out of the design            and
      construction of machinery          and in order to allow conformity to           the
      essential requirements to be inspected ; whereas these standards
      harmonized at European level are drawn up by private-law bodies and must
      retain their non-binding status ; whereas for this put-pose the European
      Committee    for    Standardization     ( CEN )  and   the   European Committee  for
      Electrotechnical Standardization          ( CENELEC ) are the bodies recognized as
      competent to adopt harmonized standards in accordance with the general
      guidelines for cooperation between the Commission and these two bodies
       signed in 13 November 1984 ; whereas within the meaning of this Directive
       a harmonized standard is a technical specification ( European standard or
      harmonization document ) adopted by either or both of these bodies , on the
      basis of a remit from the Commission in accordance with the provisions of
       Council Directive 83 / 189 / EEC of 28 March 1983 laying down a procedure for
       the provision of information in the field of technical standards and
       regulations^ and on the basis of the general guidelines referred to
       above ;
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 machinery should be facilitated by the acceptance ,
       at Community      level ,    of products    conforming    to the national standards
       adopted , on a temporary basis , with the aid of a Community checking
       procedure to ensure that national standards satisfy the essential
       requirements of this Directive ; whereas to this end , in view of the
       general and horizontal role of the committee set up by Article 5 of
        Directive 83 / 189 / EEC in Community standardization policy , and more
 1
   OJ No L 109 , 26.4.1983 ,     P•  8.
 ---pagebreak---                                          5
     particularly its role in the preparation of standardization remits and
     the operation of the standstill procedure in European and national
     standardization , that committee was set up in order to assist the
     Commission in carrying out Community checks of the conformity of national
     standards ; whereas both sides of industry must be properly consulted ,
     particularly labour organizations concerning the standardization and
     management work relating to this Directive .
15 . Whereas , as is currently the practice in Member States , manufacturers
     should retain the responsibility for certifying the conformity of their
     machinery to the relevant essential requirements ; whereas conformity to
     harmonized standards creates a presumption of conformity to the relevant
     essential requirements ; whereas it is left to the sole discretion of the
     manufacturer , where he feels the need , to have his products examined and
     certified by a third party ;
16 . Whereas it is necessary not only to ensure free movement , putting into
     service and use of machinery bearing        the EC mark and having an EC
     conformity certificate ; whereas it is necessary to ensure free movement
     of machinery not bearing the EC mark where it is to be incorporated into
     other machinery or assembled with other machinery to form a complex
      installation ; whereas nevertheless such machinery cannot be put into
      service or use until it has been certified for conformity since , in the
      absence of the EC mark , it must be regarded as not ready for use ;
                                                                          «
17 . Whereas the Member States'      responsibility for safety ,  health and the
      other aspects covered by the essential requirements on their territory
     must be recognized in a safeguard clause providing for adequate Community
      protection procedures ;
18 .  Whereas the addressees of any decision taken under this Directive must be
      informed of the reasons for such a decision and the means of appeal open
      to them ;
 ---pagebreak---                                           6
19 . Whereas the measures aimed at the gradual establishment of the internal
     market must be adopted by 31 December 1992 ; whereas the internal market
     consists  of an  area without    internal  frontiers within which  the free
     movement of goods , persons , services and capital is guaranteed ;
HAS ADOPTED THIS DIRECTIVE :
 ---pagebreak---                                            - 7 -
CHAPTER I : SCOPE , PLACING ON THE MARKET AND FREEDOM OF MOVEMENT
                                         Article 1
1.    This    Directive  applies    to  machinery   and  lays  down  essential  safety
      requirements thereof .
2 . . For the purposes of        this Directive ,  "machinery " means an assembly of
      mechanically linked parts or components , at least one of which moves ,
      with the appropriate actuators , control and power circuits , etc . , joined
      together for a specific application .
      The . term    "machinery "   also  covers   complex   installations , namely  an
      assembly of machines and equipment which , in order to achieve the same
      end , are arranged and controlled so that they function as an integral
      whole .
        n
3.    The following are excluded from the scope of this Directive :
      - mobile site equipment ,
      - lifting equipment ,
      -   mobile agricultural and forestry equipment ,
      -   machinery for working wood and similar materials ,
      -   machinery whose only power source is directly applied manual effort ,
      -   machinery designed and constructed for medical use ,
      - means of     transport and machinery      specifically designed to equip or
          propel them ,
      - all machinery corresponding to the above definition and covered by an
          EEC Directive containing technical design and construction requirements
          relating to health and safety in respect of the hazards covered by such
       . a Directive .
 ---pagebreak---                                               8
                                        Artide 2
1. Member   States    shall    take    all    appropriate      measures    to   ensure   that
   machinery as referred to in Article 1 may be placed on the market and put
   into service and use only if it does not endanger the health or safety of
   persons , and where necessary , domestic animals or property , when properly
    installed , and maintained and used for its intended purpose .
2. The   provisions    of    the    Directive       shall  not     affect   Member    States’
   entitlement    to   lay   down ,    with     due   observance     of  the   Treaty ,   such
   requirements    as   they   may    deem   necessary     to    ensure   that   workers   are
   protected when using the machinery in question , provided that this does
   not mean that the machinery is modified in a way not specified in the
   Directive .
3. Inspections    carried    out    by   Member     States    in   the  exercise    of   their
   obligations under the first paragraph of this Article shall be limited to
    the provisions of this Directive .
4. At trade fairs ,     exhibitions ,     etc .   Member States shall not prevent          the
   showing of demonstration machinery which , for the needs of the
   demonstration , does not conform to the provisions of this Directive ,
   provided that an appropriate sign clearly indicates that such machinery
    does not conform and that, it is not for sale until it has been brought
    into conformity by the manufacturer or his                   authorized representative
     established in the Community .
 ---pagebreak---                                          9
                                    Article 3
Machinery as referred to in Article 1 of this Directive shall satisfy the
essential safety requirements set out in Annex 1 .
                                    Artide 4
1.   Member States shall not prohibit , restrict or impede the placing on the
     market , putting into service or use on their territory of machinery which
     complies with the provisions of this Directive , hears the EC mark and is
     accompanied by the EC declaration of conformity .
2.   Member States shall not prohibit , restrict or impede the placing on the
     market of machinery , even where no EC mark is affixed , which is intended
     to be incorporated into machinery or assembled with other machinery to
     constitute machinery within the meaning of Article 1 .       Member States
     shall not ,   however , permit the putting into service or use of such
     machinery unless the machinery within the meaning of Article 1 has been
     declared to be in conformity with the provisions of the Directive and the
     EC mark has been affixed .
                                                       .     »
                                     Article 5
1.   Member States shall presume conformity with the essential safety
     requirements referred to in Article 3 in respect of machinery bearing the
     EC mark and accompanied by an EC declaration of conformity .
                                                                              Ih
 ---pagebreak---                                                   10
2.    Where   a   national      standard      transposing      a   harmonized       standard ,    the
      reference for which has been published in the Official Journal of the
      European    Communities ,     covers      one   or   more    of   the    essential       safety
      requirements ,     machinery     constructed      in   accordance    with      this   standard
      shall be presumed to comply with the relevant essential requirements .
      Member    States     shall    publish      the   references      of   national       standards
      transposing harmonized standards .
3.    In the absence of harmonized standards , the national standards referred
      to in paragraph A shall create the same presumption of conformity .
A.    Member   States     shall   communicate      to  the   Commission     the    texts    of  their
      national    standards     which      they   consider     to   conform     to    one    or  more
      essential safety requirements .            The Commission shall forward such texts
       forthwith to the other Member States .              Tn accordance with the procedure
      provided for in Article 6(2 ), it shall notify the Member States of those
      national standards in respect of which there is presumption of conformity
      with the essential requirements .
      Member States shall publish the reference numbers of those standards .
      The   Commission      shall   also publish        these    references      in    the Official
       Journal of the European Communities .
                                              Article 6
 1.    Where  a  Member     State   or    the   Commission    considers     that    the   harmonized
       standards   referred      to    in   Article    5(2 )  do   not    entirely      satisfy    the
       essential requirements referred to in Article 3 , the Commission or the
       Member State concerned shall bring the matter before the Standing
       Committee set up under Directive 83 / 189 / EEC , * hereinafter referred to
       as " the Committee ", giving the reasons therefor .                  The Committee shall
       deliver an opinion without delay .
 1
   OJ No L 109 , 26 . A. 1983 , p   8.
                                                                                                       23'
 ---pagebreak---                                        11
   Upon receipt of the Committee 's opinion , the Commission shall inform the
   Member States whether or not it is necessary to withdraw those standards
   from the publications referred to in Article 5(2 ).
2. After receipt of     the communication referred to in Article 5(4 )      the
   Commission shall consult the Committee .     Upon receipt of the latter 's
   opinion , the Commission shall , within one month , inform the Member States
   whether or not the national standard in question shall enjoy presumption
   of conformity and , if so , whether , the references’ thereof must be
   published nationally .
   If the Commission or Member State considers that a national standard no
   longer satisfies the necessary conditions for presumption of conformity
   with the essential safety requirements referred to in Article 3 , the
   Commission shall consult the Committee . Upon receipt of the latter 's
   opinion , the Commission shall inform the Member States whether or not the
   standard in question shall continue to enjoy presumption of conformity
   and , if not , whether it must be withdrawn from the publications referred
   to in Article 5(4 ).
                                    Article 7
1. Where a Member States ascertains that machinery bearing the EC mark and
   used in accordance with its intended purpose is liable to endanger the
    safety of persons , domestic animals or property , it shall take all
    appropriate measures to withdraw such machinery from the market , prohibit
    its placing on the market , putting into service or use , or restrict its
    free movement .
    The Member State shall immediately inform the Commission of any such
    measure , indicating the reasons for its decision and ,      in particular ,
    whether non-conformity is due to :
 ---pagebreak---                                              12
      ( a ) failure   to   satisfy    the  essential   requi cements   referred   to  in
            Article 3 ,
      ( b ) incorrect application of the standards referred to in Article 5 ,
      ( c ) shortcomings in the standards referred to in Article 5 themselves .
2.    The Commission shall enter into consultation with the parties concerned
      without delay .     Where the Commission considers , after this consultation ,
      that the action is justified it shall immediately so inform the Member
      State which took the initiative and the other Member States .            Where the
      decision referred to in paragraph 1 is based on a shortcoming in the
      standards ,    and where    the Member State at     the origin of     the decision
      maintains     its  position ,   the  Commission   shall   immediately   inform the
      Committee in order to initiate the procedures referred to in Article 6 .
3.    Where machinery which does not comply bears 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 Member States .
4.     The Commission shall ensure that the Member States are kept informed of
       the progress and outcome of this procedure .
CHAPTER II :    CERTIFICATION PROCEDURE
                                          Article 8
The     manufacturer ,   or   his    authorized   representative    established   in  the
Community ,    in order to certify the conformity of machinery to the terms of
 this Directive :
                                                                                          ηη
 ---pagebreak---                                                  13 -
( a ) before placing on the market , shall draw up documentation comprising :
           ( i ) a technical construction file composed of :
                 - an overall drawing of the machinery together with the drawings of
                    the control circuits ;
                 - full detailed drawings , accompanied by any calculation notes , test
                    results , etc . required to construct the machinery .
                 - a list of :    . essential requirements of this Directive ,
         '                        . other texts of regulations and
                                  . standards
                                  which were used when the machinery was designed ;
                 - a   description     of  the  methods   adopted   to   eliminate   hazards
                    presented by the machinery ;
                 - if desired , all technical reports or certificates obtained from a
                    competent body ;
                 - a copy of the instruction handbook for the machinery .
        ( ii ) for series manufacture , internal measures which will be implemented
                 to   ensure    that   the  machinery  remians   in   conformity   with  the
                 provisions of the Directive ,
      ( iii ) for series manufacture , the same documentation shall serve for all
                 machinery of the same type .
( b ) when the machinery is manufactured and conforms to the relevant essential
      safety requirements , shall issue an EC declaration of conformity
       for each of the machines based on the model given in Annex'll and shall
      affix to the machinery the EC mark referred to in Article 9 .
 ---pagebreak---                                             U -
     The documentation referred to under point          ( a ) above shall be retained by
     the manufacturer . or his authorized representative established in the
      Community for at least ten years beyond the date of manufacture of the
      machinery or of the last unit produced in the case of series manufacture .
Where neither the manufacturer nor his authorized representative is established in the Community,
the above-mentioned obligations to keep documentation available shall fall to
any person placing the machinery on the market in the Community . The same
obligations shall apply to anyone assembling machinery or parts thereof of
various origins or constructing machinery for his own use .
Chapter III : EC MARK
                                        Article 9
1.   The EC mark shall consist of the symbol " CE " in conformity to the model
     given in Annex III followed by the last two digits of the year in which
      the mark was affixed .
2.    The EC mark shall be affixed to machinery in accordance with point 1.7.3
      of Annex I .
 3.   The affixing to machinery of marks or inscriptions that are likely to be
      confused with the EC mark shall be prohibited .
                                                                                            2^
 ---pagebreak---                                           15
CHAPTER IV : FINAL PROVISIONS
                                      Article 10
Any decision taken by a Member State pursuant to this Directive shall state
the exact grounds on which it is based . Such a decision shall be notified as
soon as possible to the party concerned , who shall at the same time be
informed of the legal remedies available to him under the laws in force in the
Member State in question and of the time limits to which such remedies are
subject .
                                      Article 11
1.   Member    States   shall   bring   into  force  the  laws ,    regulations and
     administrative provisions necessary in order to comply with this
     Directive by 1 January 1989 at the latest . They shall forthwith inform
     the Commission thereof .
     They shall apply these provisions with effect from 1 January 1991 .
2.   Member States shall ensure that the texts of the provisions of national
     law   which   they   adopt   in  the  field  covered by     the  Directive are
     communicated to the Commission .
                                      Article 12
This Directive is addressed to the Member States .
 ---pagebreak---                                                                         Annex I
                                                                        29 July 1987
Preliminary observations
1.    The obligations laid down by the essential safety requirements apply only
      when    the   corresponding hazard exists     for   the machinery in question .
      Requirements 1.1.2 ,     1.7.3 and 1.7.4 apply to all machinery covered by
       this Directive .
2.    Where , for imperative reasons ,     the obligations laid down by one or more
       essential safety requirements cannot be satisfied , compensatory measures
       must be taken to ensure an equivalent final level of safety .
1.     ESSENTIAL     SAFETY   REQUIREMENTS   RELATING   TO   DESIGN   AND   CONSTRUCTION
       APPLYING TO ALL MACHINERY COVERED BY THE DIRECTIVE
1.1    General remarks
 1.1.1    Definitions
For the purpose of this Directive ,
 1.    " danger zone " shall mean any zone within and / or around working machinery
 in which an exposed person ( or a part of his body or clothing ) is subject to a
 hazard to his health or safety .
 2.    " exposed person " shall mean any person in a danger zone .
 3.    " operator" shall mean the exposed person or persons given the task of
 installing ,     operating ,  adjusting ,  maintaining ,   repairing  or   transporting
 machinery .
 ---pagebreak--- 1.1.2 Principles of safety integrat ion
(a)  When designing and constructing machinery , the manufacturer must identify
     risks   of  accidents ,    assess  health  hazards   and , taking   account  of
     technical progress , select the best methods of eliminating or minimizing
     them .
     This must cover the whole lifetime of the machinery , from construction to
     final dismantling .
(b)  In selecting the most appropriate methods , the manufacturer must apply
     the following principles , in the order given :
     - eliminate or reduce risks as far as possible ( inherently safe machinery
        design and construction ) ;
     - take the necessary protection measures         in relation to hazards that
        cannot be eliminated ;
     - inform users of      the residual risks due to any shortcomings of the
        protection measures adopted .
 (c) When   designing    and   constructing   machinery ,  and  when   drafting  the
      instruction handbook , the manufacturer must design and implement safety
      features of a quality equivalent to the other functions of the machinery .
 (d) When designing and        constructing machinery , and when drafting the
      instruction handbook ,   the manufacturer must envisage not only the normal
     use of the machinery      but also uses which could reasonably be expected .
     The manufacturer must      therefore envisage the hazards present during the
     normal use of the machine and also those due to a foreseeable abnormal
      situation ( e.g. hazards due to reflex action or to machinery
      dysfunction ) . The manufacturer must also envisage ways of using the
 ---pagebreak---                                                3
     machinery which can be habitually practised even though not intended .
      Consequently     the   instruction     handbook      should ,   if  necessary ,     draw
      attention to ways in which the machinery should not be used .
(e)  Under   the   planned     conditions     of    use ,  the  discomfort ,     fatigue   and
     phsychological     stress   faced by      the    operator must be      reduced    to  the
     minimum possible taking ergonomic rules into account .
(f)   When designing and constructing machinery , the manuf acturer must take
      account of the constraints to which the operator is subject due to the
      necessary or foreseeable use of personal protection equipment ( such as
      footwear , gloves , etc .).
1.1.3   Materials and products
The materials used to construct machinery or products used and created during
its use must not endanger exposed persons' safety or health .
In  particular ,    where    fluids   are    used ,    machinery    must  be    designed    and
constructed for use without hazards due to filling , use , recovery or draining .
1.1.4   Lighting
Machinery   must   be    designed   and   constructed      so  that   the working     area   is
properly   lit   for   the operations      to be     carried out     therein ,  under normal
ambient lighting conditions .
The manufacturer must ensure that there is no area of shadow likely to cause
nuisance ,   that    there    is  no   irritating       dazzle   and   that    there   are   no
stroboscopic effects due to the lighting provided by the manufacturer .
Internal parts requiring frequent inspection , and adjustment and maintenance
areas , must be provided with appropriate lighting .
 ---pagebreak---                                            A
1.1.5    Design of machinery for handling purposes
Machinery or component parts thereof must :
- be capable of being installed and removed without risk ,
- be packed or designed so that it can be stored without damage or risk ( e.g.
    adequate stability , special supports , etc .).
Where the weight , size or shape of machinery or its various component          parts
prevents them from being moved by hand , the machinery or each component part
must :
-   be fitted with attachments for lifting gear ,
    be designed so that they can be fitted with such attachments ( e.g. threaded
    holes ) ,
-   or be shaped in such a way that standard lifting gear can easily be
    attached .
Where machinery or one of its component parts is to be moved by hand , it must :
                                                  r
-   either be easily movable ,
 -  or be equipped for picking up . ( e.g.       hand-grips , etc .) and moving in
     complete safety .
 Special arrangements must be made for the handling of tools and / or machinery
 parts , even if lightweight , which could be dangerous ( shape , material , etc .).
 1.2   Controls
 1.2.1    Safety and reliability of controls
 ---pagebreak---                                            5
Controls must be reliable in operation .
They must be designed and constructed so as to :
    avoid all undetectable failures ,
    use as far as possible devices with a positive action ,
    rule out reasonably foreseeable tampering .
1.2.2    Control devices
Control devices must be :
    clearly visible and identifiable and appropriately marked where necessary ,
    positioned for safe operation without hesitation or loss of          time , and
    without ambiguity ,
    designed so that the movement of the control is consistent with its effect ,
    located outside dangerous areas except for certain emergency stop controls
    where necessary ,
    positioned so that their operation cannot cause additional hazard ,
    designed    or  protected  so  that  the  desired   effect , where a hazard  is
     involved , cannot occur without an intentional operation .
Where    a control    is designed and   constructed   to perform several  different
 actions , namely where there is no one - to - one correspondence ( e.g. keyboards ,
 etc .),  the action to be performed must be clearly displayed and subject to
 confirmation where necessary .
 Controls must be so arranged that their layout , travel , mechanical strength
 and resistance to operation are compatible with the action to be performed ,
 taking account of ergonomic principles .      Constraints due to the necessary or
 foreseeable use of personal protection equipment ( such as footwear , gloves ,
 etc .) must be taken into account .
 ---pagebreak---                                           - 6
From the control position the operator must be able to read the indicators
( dials , signals , etc .) as required to perform operations safely .
The operator must be able to supervise all the dangerous areas of the
machinery from the control position either directly or , for example , by using
mirrors , cameras and monitor screens , etc .    If this is impossible the control
system must be designed and constructed so that a warning signal is given
whenever the machinery is about to start .
1.2.3    Starting                                                    '
It must be possible to start 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 .
Where machinery has several starting controls and the operators can therefore
put each other in danger , additional steps must be taken to rule out such a
hazard .
1.2.4     Stopping devices
Normal stopping
 Each workstation must be fitted with a control to stop some or all of the
moving parts of the machinery .
 Where there are several operators , steps must be taken to ensure that stoppage
 of the machine by one operator does not place him or the other operators in
 danger .
 The machinery.’ s stop control must have priority over the start controls .
 ---pagebreak---                                           7
Emergency stop
If the normal stopping time is too long to terminate certain incidents or
situations which     could  lead  to an accident , or if   an emergency situation
requires special action , machinery must be fitted with an emergency stop .
This device must :
-   have clearly visible and quickly accessible controls ,
    stop the dangerous process as quickly as possible ,
-   set off or enable certain safeguard movements where necessary .
The   emergency   stop control must remain engaged ;     it must be possible    to
disengage it only by an appropriate operation ; disengaging the control must
not restart the machinery , but only enable restarting .
Complex installations
In the case of machinery or parts of machinery designed to work together , the
manufacturer    must   so  design   and construct  the  machinery  that  the  stop
controls , including the emergency stop , can stop not only the machinery itself
but also all equipment upstream and / or downstream if its continued operation
can be dangerous .
1.2.5   Mode sélection
If machinery has been designed and built to allow for its use in several
control or operating modes presenting different safety levels ( e.g. to allow
for adjustment , maintenance , inspection , etc .), it must be fitted with a mode
selector which can be locked in each position .      Each position of the selector
must correspond to a single operating or control mode .
                                                                                   3^
 ---pagebreak---                                           8
The selector may be replaced by another selection method which restricts the
use of certain functions of the machinery to certain categories of operator
( e.g. access codes for certain numerically controlled functions , etc .).
If , for certain operations , the machinery must be able to operate with its
protection devices neutralized , the mode selector must simultaneously :
                                                            /-
    disable the automatic control mode ,
-   enable movements only by controls requiring sustained action ,
-   enable the operation of dangerous moving parts only in enhanced safety
    conditions ( e.g. reduced speed , reduced power , step -by-step, etc .).
1.2.6   Failure of the control circuit and / or power-supply circuit
The interruption , re-establishment after an interruption or fluctuation in
whatever manner of the power supply to the machinery must not lead to a
dangerous situation .
Similarly a fault in the control circuit logic , failure of or damage to the
control circuit and/ or power-supply circuit must not lead to a dangerous
situation .
1.3   Protection against mechanical hazards
1.3.1   Stability
Machinery , components and fittings thereof must be so constructed that they
are stable enough , under the intended operating conditions , for- use without
risk of overturning , falling or unf unseeable movement .
 ---pagebreak---                                             9
If the shape of the machinery itself or its intended installation does not
offer      sufficient   stability ,  appropriate means   of   anchorage     must  be
incorporated and indicated in the instruction handbook .
1.3.2     Risk of break-up during operation
The various parts of machinery and their linkages must be able to withstand
the     stresses   to which   they  are  subject when  used  as    intended   by the
manufacturer .
The durability of the materials used must be adequate for the nature of the
workplace intended by the manufacturer , in particular as regards the phenomena
of fatigue , ageing , corrosion and abrasion .
The manufacturer must indicate in the instruction Vlandbook the part or parts
needing replacement for safety reasons and the criteria for such replacement .
Where a risk of rupture or disintegration remains despite the measures taken
 ( e.g. as with grinding wheels ) the moving parts must be mounted and positioned
is such a way that in case of rupture their fragments will be contained .
Both rigid and flexible pipes carrying fluids , particularly those under high
pressure , must be able to withstand the intended internal and external
stresses and must be firmly attached and / or protected against all manner of
stresses and strains ; precautions must be taken to ensure that no hazard is
posed by a rupture ( sudden movement , high-pressure jets, etc .).
Where the material       to be processed is fed to    the tool automatically ,    the
following conditions must be fulfilled to avoid the hazards of tool breakage :
-    when the workpiece comes into contact with the tool the latter must have
      attained its normal working conditions ,
 ---pagebreak---                                            10
-  when the tool stops ( intentionally or accidentally ) the feed movement must
   stop in a time compatible with the tool stopping time .
1.3.3   Hazards due to falling objects
Precautions must be taken to prevent objects ( e.g. workpieces , tools , etc .)
falling or being ejected in a hazardous manner .
1.3.4   Hazards due to - surfaces , edges or angles
Machinery must have no acute angles , sharp edges or rough surfaces likely to
cause injury .
This does not apply to cutting tools essential to the operation of the machine .
1.3.5   Prevention against hazards related to moving parts
The moving parts of machinery must be designed , built , 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 .
1.3.6   Choice of protection against haza rd s related to movinR parts
Guards or protective devices used to protect against the hazards related to
moving parts must be selected on the basis of the type of hazard .      Guards or
protective devices must not themselves cause hazards .              The following
guidelines should be used to help make the choice .
A. Moving transmission parts
    Guards designed to protect exposed persons against the hazards associated
    with moving transmission parts ( such as pulleys , belts , gears , propeller
    shafts , etc .) must be :
 ---pagebreak---                                           11
    - either fixed , complying with requirement 1.4.1 ;
    - or removable , complying with requirement 1.4.2 .
    Removable guards should be used where frequent access is anticipated .
B . Moving parts directly involved in the process
    Guards or protective devices designed to protect exposed persons against
    the hazards associated with other moving parts         ( such as cutting tools ,
    moving parts of presses , cylinders , etc .) must be :
    - wherever possible fixed guards complying with requirement 1.4.1 ;
    - failing this guards or protective devices complying with requirement
       1.4.3 .
    However , when certain moving parts directly involved in the process cannot
    be made completely or partially inaccessible during operation owing to
    operations requiring nearby operator          intervention ,   where  technically
    possible such parts must be fitted with :
     - fixed guards ,  complying with requirement      1.4.1 ,  preventing access  to
       those sections of the parts that are not used in the work ,
     - adjustable guards , complying with requirement 1.4.4 , restricting access
       to those sections of the moving parts that are strictly necessary for the
       work .
 1.4   Required characteristics of guards and protective devices
 ---pagebreak---                                            12
1.4.1   Fixed guards
Fixed guards must :
-  be of robust construction ,
-  be securely held in place .
                  C
They must be fixed by systems that can be opened only with tools .
Where possible , guards must be unable to remain in place without their fixings .
1.4.2   Removable guards
Removable guards must :
-  be of robust construction ,
   as far as possible remain fixed to the machinery when open ,
-  be associated with a locking device to prevent moving parts starting up as
   long as these parts can be accessed and to give a stop command whenever
   they are no longer closed .
1.4.3   Guards and protective devices
Guards and protective devices such as :
-  fixed guards ;
   removable guards ;
    sensing devices ( sensor mats ,. non-material barriers , etc .);
    two-hand controls , etc .
must be designed and incorporated into the control system so that :
    moving parts cannot start up while they are within the operator’s reach ;
 -  the operator cannot reach moving parts during operation : namely guards must
    not open before the moving parts have stopped ( interlocking device ),
    sensing devices must be sufficiently far away from the moving parts so that
    they have stopped before they can be reached , etc .;
 ---pagebreak---                                          13
    they can be adjusted only by means of an intentional action , such as the
   use of a tool , key , etc .;
    the absence or failure of one of their components prevents starting or
    stops the moving parts ;
-  protection    against  any   ejection  hazard is  provided  by  means  of   an
    appropriate barrier .
1.4.4   Adjustable guards restricting access
Adjustable guards restricting access must :
-   be of robust construction ,
    be adjustable manually or automatically according      to the  type of work
    involved ,
-   be readily adjustable without the use of tools ,
-   reduce as far as possible the risk of ejection .
The operation and use of these guards must not entail any additional hazard or
impede the view of work in progress ; nor must their removal be necessary for
normal production and maintenance .
1.5   Protection against other hazards
1.5.1    Electricity supply
Where machinery has an electricity supply it must be designed , constructed and
equipped so that all hazards of an electrical nature are or can be prevented .
1.5.2    Static electricity
Machinery must be so designed and constructed as        to prevent  or limit the
build-up of potentially dangerous electrostatic charges and / or be fitted with
 a discharging system .
                                                                                  / 7
 ---pagebreak---                                                 14
1.5.3      Hydraulic , pneumatic or thermal energy
Where machinery is powered by hydraulic , pneumatic or thermal energy , it must
be so designed , constructed and equipped as to avoid all potential hazards
associated with these types of energy .
1.5.4      Extreme temperatures
Steps must be taken to eliminate any risk of injury caused by contact with or
proximity to machinery parts or materials at high or very low temperatures .
The risk of hot or very cold material being ejected should be assessed .                Where
this hazard exists , the necessary steps must be taken to prevent it or , if
this is not technically possible , to render it non-darigerous .
1.5.5      Fire
Machinery must be designed and constructed to avoid all risk of fire posed by
the machinery itself or by gases , liquids , dusts , vapours or other substances
produced or used by the machinery .
1.5.6      Explosion
If the manufacturer anticipates the use of the machinery in a potentially
explosive atmosphere , it must be designed and constructed to avoid all risk of
explosion .
The same precautions must be taken if the dusts , gases , vapours or other waste
materials produced by the machinery are liable to create a potentially
explosive atmosphere within or around the machine .
 Furthermore , electrical equipment forming part of the machinery must conform ,
 as far as explosion hazards are concerned , to the provisions of Directives
                1     .      ..           2          ...                _   _ 3
 76 / 117 / EEC    and   79 / 116 / EEC ,   as amended    by  Directive 84 / 47 / EEC ,     in
                                                   4
 ordinary cases and Directive 82 / 130 / EEC         where used in mines susceptible to
 firedamp .
 X0J No     L 24 , 30.1.1976 , p . 45 .
 20J No     L 43 , 20.2.1979 , p . 20 .
 30J No     L 31 , 2.2.1984 , p . 19 .
 40J No     L 59 , 2.3.1982 , p . 10 .
 ---pagebreak---                                             15
1.5.7    Noise
Machinery must be so designed and constructed that hazards resulting from the
emission    of  airborne   noise   are   reduced  to  the lowest  level  reasonably
practicable    taking account    of   technical  progress and  the availability of
measures to control noise , in particular at source .
1.5.8    Vibration
Machinery must be so designed and constructed that hazards resulting from
vibrations produced by the machinery are reduced to the lowest level
reasonably practicable taking account of technical progress .
1.5.9    Radiation
The manufacturer must ensure that any emission of electromagnetic , ionizing or
other radiation is limited to the extent necessary for the operation of the
machinery and that the effects on exposed persons are non-existent or reduced
to non-dangerous proportions .
 1.5.10 Emissions of dust . Rases , etc .
Machinery must be so designed , constructed and / or equipped that hazards due to
 gases , liquids , dust , vapours and other waste materials which it produces can
 be avoided .
 Where   a hazard exists ,    the machinery must be so equipped that       the said
 substances can be collected and / or evacuated .
 Where machinery is not enclosed during normal operation , the devices for
 collection or evacuation must be situated as close as possible to the source
 of emission .
 ---pagebreak---                                           16
1.6    Maintenance
1.6.1 .  Machinery maintenance
Adjustment , lubrication and maintenance points must be located outside danger
zones . It must be possible to carry out adjustment , maintenance , repair and
servicing operations while machinery is at a standstill .
If   one   or more  of  the above  conditions  cannot    be    satisfied   for   technical
reasons , these operations must be possible without risk ( see 1.2.5 ).
Errors likely to be made when fitting or refitting certain parts which could
be a source of hazard must be made impossible by the design of such parts or ,
failing this , by information given on the parts themselves and/or the housings .      The
same information must be given on moving parts and / or their housings where the
direction     of  movement  must  be  known   to   avoid     a   hazard .    Any   further
information that may be necessary must be given in the instruction handbook .
Where a faulty connection can be the source of hazards ,                 incorrect fluid
connections , including electrical conductors , must be made impossible by the
design or , failing this , by information given on the pipes , cables , etc .
and / or connector blocks .
1.6.2    Access to operating position and servicing points
The manufacturer must provide means of         access    ( stairs ,  ladders ,   catwalks ,
etc .)   to allow access in complete safety to all areas used for production ,
adjustment and maintenance operations .
Parts of the machinery where persons are liable to move about or stand must be
designed and constructed to avoid falls .
                                                                                           *1 G
 ---pagebreak---                                             17
1.6.3    Isolation of Power sources
All machinery must be fitted with means to isolate it from all power sources .
Where an operator is unable , from any of the points to which he has access , to
check that the power is still cut off , it must be possible to lock out the
relevant isolators .
After the power is cut off ,        it must be possible to dissipate normally any
power remaining in the circuits of the machinery , without risk to exposed
persons .
As    an  exception  to   the  above   requirements ,  certain   circuits may  remain
connected to their power sources in order , for example , to hold parts , protect
information , light interiors , etc .     In this case , special steps must be taken
to ensure operator safety .
1.7    Indicators
1.7.1    Warning devices
Where machinery is equipped with warning devices           ( such as signals , etc .),
 these must be unambiguous and easily perceived .
The operator must have facilities to check the operation of such warning
devices at all times .
The requirements of Directive 77 / 576 / EEC'* concerning colours and safety
 signals must be complied with .
 5
   OJ No L 229 , 7.9.1977 , p. 12 .
 ---pagebreak---                                            18
1.7.2    Warning of residual risks
Where hazards remain despite all        the measures adopted or in the case of
potential hazards which are not evident ( e.g. electrical cabinets , radioactive
sources , bleeding of a hydraulic circuit , hazard in an unseen area , etc .), the
manufacturer must provide warnings .
Such warnings should preferably use readily understandable pictograms and / or
be drawn up in one of the languages of the country in which the machinery is
to be used, accompanied , on request , by the languages understood by the
operators .
1.7.3    Marking
All machinery must be marked legibly and indelibly with the following minimum
particulars :
-    name and address of the manufacturer ;
-    EC mark , which includes the year of construction ( see Annex 2 );
-    désignation of sériés or type ;
-    serial number if any .
Furthermore , where the manufacturer anticipates use in a potentially explosive
atmosphere , this must be indicated on the machinery .
Machinery must also bear full information relevant to its type and essential
to its safe use ( e.g. maximum speed of certain rotating parts , maximum
diameter of tools to be fitted , weight , etc .).
1.7.4    Instruction handbook
 (a)   All machinery must be accompanied by an instruction handbook including at
       least the following :               .
       - a repeat of the information with which the machinery is marked ( see
          1,7.3 ).
       - normal operating conditions ,
 ---pagebreak---                                            19
    - operating position(s ) liable to be occupied by operators ,
    - instructions for safe
        . handling , giving the weight of the machinery and its various parts
          where they can be transported separately ,
        . installation ,
        . assembly ,
        . adjustment ,
        . maintenance ( servicing and repair ).
    Where necessary , the handbook should draw attention to ways in which the
    machinery should not be used .
(b) The instruction handbook should be drawn up by the manufacturer in one of
    the languages of the country in which the machinery is to be used and
    should preferably be accompanied by the same handbook drawn up in another
    Community language , such as that of the country in which the manufacturer
    is established .
(c) The instruction handbook must contain the drawings and diagrams necessary
     for putting into service , maintenance ,       inspection , checking of correct
    operation and , where appropriate , repair of the machinery , and all useful
     instructions .
(d) The    sales brochure     describing  the machinery must       not    contradict   the
     instruction handbook as regards safety aspects .
                                    %
(e) Where    necessary    the  instruction    handbook  must    give   the   requirements
     relating to     installation and assembly for reducing noise or vibration
     ( e.g. use of dampers , type and weight of foundation block , etc .).
(f)  The instruction handbook must give the following information concerning
     airborne    noise   emissions    by the    machinery   ( actual    value   or   value
     established on the basis of measurements made on identical machinery ):
 ---pagebreak---                                                  21
2 . ADDITIONAL ESSENTIAL SAFETY REQUIREMENTS FOR CERTAIN CATEGORIES OF MACHINERY
2.1     Agri-foodstuf f s machinery
IN ADDITION TO THE ESSENTIAL SAFETY REQUIREMENTS SET OUT IN 1 ABOVE , where
machinery      is   intended     to   prepare   and  process   foodstuffs   ( e.g. cooking ,
refrigeration ,      thawing , washing , handling , packaging ,     storage , transport or
distribution ), the following hygiene rules must be observed :
(a)     Materials in contact , or intended to come into contact , with the .
        foodstuffs must satisfy the conditions set down in the relevant
        Directives ,* and must be clean before each use .
(b )    All   surfaces including their joinings must be smooth ,             and must have
        neither ridges nor crevices which could harbour organic materials .
 (c)    Assemblies must be designed in such a way as to reduce projections , edges
        and recesses to a minimum .         They should preferably be made by welding or
        continuous bonding .       Screws , screwheads and rivets may not be used except
      . where technically unavoidable .
 (d )   All surfaces in contact with the foodstuffs must be easily cleaned and
        disinfected , where possible after removing easily dismantled parts .            The
         inside surfaces must have curves of a radius sufficient to allow thorough
         cleaning .
 (e)     Liquid deriving from foodstuffs as well as cleaning , disinfecting and
         rinsing fluids should be able to be discharged from the machine without
         impediment ( possibly in a " clean” position ).
         Council Directive 76 / 893 / EEC ( OJ No L 340 , 9.12.1976 ) ( currently under
         revision )   and    specific     Directives   adopted   in   application   thereof .
         Directive 76 / 839 / EEC provides as follows :
         Article 2
         Materials and articles must be manufactured in compliance with good
         manufacturing practice , so that , under their normal or foreseeable
         conditions of use , they do not transfer their constituents to foodstuffs
         in quantities which could :
         - endanger human health ,                      *
         - bring about an unacceptable change in the composition of the foodstuffs
           or a deterioration in the organoleptic characteristics thereof .
                                                                                            ^0
 ---pagebreak---                                              22
(f)   Precautions must be taken to prevent any insects or liquids entering
      inaccessible parts of machinery .
(g)   Machinery must be so designed and constructed that no lubricants other
      than   edible   lubricants  can   come   into   contact with  foodstuffs .   Where
      necessary ,   continuing compliance with this requirement must be checked
      regularly .
Instruction handbook
In addition to the information required in section 1 , the instruction handbook
must indicate recommended products and methods for cleaning , disinfecting and
rinsing ( not only for easily accessible areas but also where areas to which
access is impossible or unadvisable , such as piping , have to be cleaned in
situ ) .
2.2    Portable hand-held machinery and mobile hand-guided machinery
IN ADDITION TO THE         ESSENTIAL REQUIREMENTS      SET OUT IN   1 ABOVE ,    portable
hand-held machinery , as well as mobile hand-guided or hand-driven machinery
which rests on a table , the ground or the material being worked upon , must
conform to the following essential safety requirements :
-   It must have a supporting surface of sufficient size ( for mobile machinery )
    and have a sufficient number of handles and supports of an appropriate size
    and arranged to ensure the stability of the machinery under the operating
    conditions envisaged by the manufacturer .
    Except where      technically   impossible or where       there  is  an independent
    control to allow the handles to be released in complete safety , it must be
    fitted with      start  and  stop  controls     arranged in such a way that       the
    operator can operate them without releasing the handles .
 ---pagebreak---                                             23
     It must be designed , constructed or equipped to eliminate the hazards of
    accidental starting and/ or continued operation after the operator has
    released the handles . Equivalent steps must be taken if this requirement
     is not technically feasible .
-   Portable hand-held machinery must be designed and constructed to allow ,
    where   necessary ,  a visual    check of   the  contact of  the  tool with  the
    material being processed .
Particular attention must be paid to reducing vibrations transmitted to the
operator 's arms to as low a level as reasonably practicable taking account of
technical progress .
Instruction handbook
The    instruction   handbook   must   give  the   following information  concerning
vibrations transmitted by hand-held and hand-guided machinery :
equivalent acceleration to which the arms are subjected , where this exceeds
.     .2
5 m/ s .
The manufacturer must      indicate measurement methods used and conditions under
which measurements were made .
2.3    Mobile machinery
TN ADDITION TO THE ESSENTIAL SAFETY REQUIREMENTS SET OUT IN 1 ABOVE , mobile
machinery must satisfy the following requirements :
 (a)   Access to driving or operating positions must be safe and easy .
 (b)    The operator must have a stable operating position ; where necessary it
        must be fitted with guard rails or grips and supports for the operator .
 (c)    Machinery must be designed and constructed to allow the driver an
        adequate view of his route and to drive in complete safety .
 ---pagebreak---                                         24
(d) Where the operator is expected to work on machinery ,         each operating
    position must   either have a strong seat designed      to avoid dangerous
    vibrations or be equipped with a device having the same effect .
(e) Where necessary , machinery must be designed and constructed so that an
    anti-collission device stops it immediately it touches an obstacle .
(f) Where the driver does not ride on the machinery but walks with it , the
    speed of movement must be limited .
(g) Where necessary , it must be equipped with a service and / or parking brake .
 ---pagebreak---                                           25
                                                                     ANNEX li
                                        Model
                            EC Declaration of Conformity1
The   manufacturer     or his   authorized   representative   established
            2
Community :
declares that the new machinery described below
complies with the regulations transposing Directive . / EEC .
Done at . . . on
              Signature
    This declaration must be drawn up in the same language as the instruction
    handbook ( see Annex I , paragraph 1.7,4 ), either typewritten or handwritten
    in block capitals .
    Business name and full address ; authorized representatives must also give
    the business name and address of the manufacturer .
    Description of the machinery ( make , type , serial number , etc .).
    Give the name and position of the person empowered to sign on behalf of
    the manufacturer or his authorized representative .
                                                                               5"
 ---pagebreak---                                         26
                                                                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 .
                                                                             6 £
 ---pagebreak---                                 Financial mémorandum
on the proposal for a Council Directive on the approximation of the laws of
the Member States relating to machinery
1.    Introduction
The proposal for a Directive relating to machinery sets out the essential
safety    requirements  with which machinery , must   comply .   Article   5  of  the
proposal makes a general reference to European standards , as a priority , or to
national    standards , as  a temporary   measure  where   there   are  no   European
standards .    Machinery manufactured in accordance with these standards is
presumed to comply with the relevant essential safety requirements of the
Directive .
The Commission intends to help to step up European standardization by giving
CEN and / or CENELEC the task of preparing the necessary harmonized standards in
the machinery sector in accordance with the general guidelines for cooperation
between the Commission , CEN and CENELEC , approved on 13 November 1984 . This
work will be carried out in the context of remits given to CEN and / or CENELEC ,
 in application of the framework agreements signed on 10 October 1985 which
allow for financial support from the Commission . The Commission will also
endeavour to ensure proper participation by trade-union organizations in this
 context .
The work described above , which is of limited duration , must be integrated
 into the general framework of the management of the Directive , which is a
 long-term activity .
 ---pagebreak---                                            2
Any figures can only be rough estimates as         the planning work for European
standardization is in progress .
2.    Budget lines affected
      Article 775 :        Community projects concerning the internal market
       Item 7750 :         Harmonization of industrial and labour legislation
                           Multiannual   activities   for   strengthening European
                           standardization bodies
       Article 648 :       Community measures in the field of health
       Item 6482 :         Health protection , hygiene and safety at work
3.     Legal basis
       3.1 Council resolution of 7 May 1985 on a new approach to technical
           harmonization and standards .^-
       3.2 Directive to be adopted by the Council on the approximation of the
           laws of the Member States relating to machinery .
       3.3 Communication from the Commission on its programme in the field of
           safety , hygiene and health at work .
 1
   OJ No C 136 , 4.6.1985
 ---pagebreak---                                           3
4. Proposed classification
   Non-compulsory expenditure .
5. Description and justification of the activities
   5.1 Objectives
        The planned activities should help in particular with the preparation
        of harmonized standards satisfying the essential safety requirements
        of the machinery Directive , without which the Directive would be very
        difficult to apply .    Moreover , the harmonized standards will help to
        boost the competitiveness of European industry and improve the safety
        of machinery users .
   5.2 Parties concerned
        In   accordance  with     the    Council   resolution'  of   7  May   1985
        standardization  work    is   not   the  Commission 's responsibility  but
        rather that of the European standards organizations . The Commission
        communication referred to in section 3.3 provides for trade-union
        participation in this context .
6. Type of expenditure and method of calculation
    6.1 Type
        Remits under the framework agreement of 10 October 1985 between the
        Commission and CEN / CENELEC , and support to trade-union organizations .
 ---pagebreak---                                             A
6 . 2 Calculation
      The  amount    of  the   financing      of   standardization   services  will  be
      determined for each order voucher on the basis of the work given to
      contractors .
      It comprises the expenses borne by the central units of the European
      standards   bodies     for    the    implementation     of  the   standardization
      programmes    entrusted    to   them     and   a  certain  contribution   to  the
      expenses of the committees and technical working parties for the
      execution of these programmes . In addition to these expenses are the
      private expenses of experts assigned specific work in this context .
      These expenses are calculated on the basis of                the man month unit
      which is currently worth 5 000 ECU .
      The amount of the financing of the trade-union participation will be
      determined by the number of European standards in preparation and the
      scope of the work .
      The   work    of  preparing      the    harmonized    standards   will  certainly
      continue beyond the first five years .
 ---pagebreak---                                    5
Financial impact of the activity on operating appropriations
7.1 Schedule of commitment and payment appropriations :
    ( item 7750 )
                                         CAs ( ECU )       PAs ( ECU )
    1988                                 1 000 000            500 000
    1989                                 1 000 000         1 000 000
    1990                                 2 000 000          1 000 000
    1991                                 1 000 000         1 000 000
    1992                                 p .m.              1 500 000
                                         5 000 000         5 000 000
     ( item 6482 )
                                         CAS ( ECU )        PAs ( ECU )
    1988                                   300 000           300 000
    1989                                   300 000           300 000
     1990                                  300 000           300 000
     1991                                  300 000           300 000
     1992                                  300 000           300 000
                                          1 500 000         1 500 000
 ---pagebreak---                                            6
   7.2 Community share of financing
       Since those involved in standardization work in principle pay their
       own expenses , the Community contribution to the financing of the work
        should not amount to more than 50% of the total expenses .
        It should however be noted that the Community contribution will be
        reduced    if   the   EFTA    countries    decide     to   take   part     in  this
        standardization work .
        The    Community     contribution     to     the   financing     of     trade-union
        participation should cover most of this expenditure .
8. Observations
   None
9. Financial     impact   of   the   activity    on    the   staff   and    administrative
   appropriations
   9.1 Staff required to work on this activity only
        This   activity    also   includes   the    work   of   managing    the   machinery
        Directive which will require substantial full-time assistance from
        the relevant Commission departments ( DG III and DG V ) .
        From 1988 this work will require :
        - for DG III one A grade official full time and two B grade officials
           full time .
        - for DG V one A grade official full time and one B grade official
           full time .
 ---pagebreak---                                    7
9.2 & 9.3  Staff and administrative appropriations
    The necessary appropriations are estimated at :
    - 240 000 ECU a year for DG III ;
    - 180 000 ECU a year for DG V.
 ---pagebreak---                       IMPACT OH COMPETITIVEMESS AND EMPLOYMENT
I.   Principal grounds for introducing the measure
     Machinery manufacture is a mainstay of the European economy .
     However , in the various Member States national legislation on machinery
     diverges    considerably    as  regards   both   safety   and   certification ,
     furthermore ,  de facto mandatory technical specifications and standards ,
     which are in principle voluntary , but whose observance is in practice a
     prior condition to marketing , are often incompatible between the various
     Community countries . This disparity hinders trade by creating technical
     barriers   to   the  free  movement  of  goods  within  the   Community , thus
     preventing the completion of the internal market .
     This proposal for a Directive attempts to ensure free placing on the
     market and the putting into service and use of machinery satisfying the
     essential safety requirements laid down in the Directive and which must
     be properly certified .
II . Characteristics of the firms concerned .    In particular :
     Are many small and medium-sized firms affected ?
                                                                                     63
 ---pagebreak---                                          2
      In   the machinery manufacturing   sector  there  are  firms of  all    sizes
      including many small and medium-sized firms , especially in machine tools .
      Are there concentrations in regions
      - eligible for regional aid from the Member States ?
         No .
      - eligible under the ERDF ?
         No .
III . What obligations are imposed directly on firms ?
      From the date of entry into force of this Directive , all the machinery
      covered must be designed , constructed and equipped so that it satisfies
      the provisions of the Directive .      All machinery constructed must be
      accompanied by an EC certificate of conformity and bear the EC mark .
      Machinery manufacturers will have to take great care to ensure that their
      products satisfy the essential safety requirements .          Indeed , many
      existing models will have to be reviewed to take account of the
      philosophy of the Directive , namely inherently safe machinery design .
IV .  What obligations may be imposed indirectly on firms by local authorities ?
      The application of the Directive in all Member States is achieved by the
       transposition of its provisions into national legislation .    Regional or
 ---pagebreak---                                                  3
       local authorities can impose additional obligations only if these do not
       involve any modifications to the machinery in relation to the provisions
       of the Directive and in particular to the essential safety requirements .
V.     Are there any special measures for small and medium-sized firms ?
       No .
VI .   What is the likely effect
       - on firms' competitiveness ?
          The    placing   on   the market     of  machinery bearing   the   EC mark and
     I
          certified to conform to the Directive will be simplified and speeded up
          which will lead to a reduction in marketing costs for manufacturers ,
          importers and retailers .       It will no longer be possible to prevent the
          free movement of such machinery in the internal market .
       - on employaient ?
          The reduction in marketing costs should lead to a general improvement
           in European machinery firms’ competitiveness , and hence a beneficial
          effect on the labour market can be expected .
VII . Have employers' and workers' representatives been consulted ?           Yes .
        - Opinion of employers' and workers' representatives
           Employers'     and    workers'     representatives ,  notably    Orgalime   for
           manufacturers in the mechanical engineering industry and the European
           Trade Union Confederation , ETUC , for the trade unions , took an active
           part    within   the    group   of   experts  contributing   directly    to the
            preparation of this proposal for a Directive .
 ---pagebreak---                                  4
Furthermore , a delegation of the ad hoc working party on machinery of
the Advisory Committee on Safety , Hygiene and Health Protection at Work
took part in the work of the above-mentioned group of experts ; the
Committee was consulted and delivered a very favourable opinion .