CELEX: 51988PC0740
Language: en
Date: 1989-02-06
Title: Proposal for a COUNCIL DIRECTIVE on the approximation of the laws of the Member States on mobile machinery (presented by the Commission)

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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
REVISED VERSION    >                            COM(88 ) 740 final - SYN 175
                                                Brussels , 6    February 1989
                                    00 . 01
                       M
                                "CCOUNCIL
                                   OUNCIL DIRECTIVE
                                            DIRECTIVE
             on the approximation of the laws of the Member States
                               on mobile machinery
                         ( presented by the Commission )
 ---pagebreak---                                        - 2 -
                               EXPLANATORY MEMORANDUM
  I.   General
  1.   Subject
       This proposal for a Directive on mobile machinery has been prepared in
                                                           1
       application of the Council resolution of 7 May 1985 on a new approach to
       technical harmonization and standards , and forms part of the work
       programme envisaged in the White Paper which should lead to the
       completion of the internal market by the end of 1992 .
       It follows on from an earlier Commission proposal C0M(87)564 final 2 for a
       Council Directive on the approximation of the laws of the Member States
       relating to machinery , which was amended by a proposal C0M(88)267
       final-SYN 107 presented by the Commission pursuant to the third pararaph
       of Article 149 of the EEC Treaty , incorporating woodworking machines and
       envisaging a stricter certification procedure for certain types of
       machines with greater risk potential .
       Because of their specificity mobile machines are not covered by the
       proposal for a Directive mentioned above . In reality the mobility of
       these machines introduces risks which are not covered or whose
       specificity requires a different formulation . In order therefore , not to
       overburden the the proposal mentioned above and to maintain the required
       coherence the Commission has decided to make this proposal .
1 0J No C 136, 4.6.1985, p 1
2 OJ No C 29, 3.2.1988 . p 1
3 OJ No C 214, 6.8.1988 p 23
 ---pagebreak---                                  - 3 -
The mobile machinery sector covered by this proposal includes not only
individual machines but also more complex assemblies ; these may be
self-propelled , towed , pushed or carried by other mobile machinery or
tractors .  Machinery specially designed to equip mobile machinery is also
covered .
Thus the scope covered is very broad and of significant economic
importance to the Community , covering , but not limited to , mobile
machinery used in agriculture and forestry ( except tractors already
covered by other specific directives ), construction and mining .
The aim of the Directive is to harmonize national provisions concerning
safety of new mobile machinery during manufacture . 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
pursuit of the first of these objectives this proposal , which relates to
mobile machinery manufacture and design , will be supplemented by another
Directive to be prepared by the Commission which , in a more general way ,
will cover the use of mobile machinery at the workplace from the point of
view of workers' health and safety .
The first of these Directives lays down the conditions to be observed by
manufacturers for machinery to be considered safe and , consequently , to
be placed on the market and put into service ; the second , on the other
hand , will cover users , on the understanding that it will not require , at
national level , modifications to mobile machinery which has satisfied the
requirements of the first Directive .
The very comprehensive essential health and safety requirements are
drafted in such a way as to offer a high level of protection .
 ---pagebreak---                                           - 4 -
  2.   Economie and social impact
       The valu's 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 mark .      It is estimated that 10 000 million ECU of
       this falls within the scope of the Directive .
       Before starting to prepare its proposal the Commission conducted an
       in-depth survey to examine the national regulations affecting this
       sector . The survey results confirmed that there are considerable
       differences between the Member States , not only as regards technical
       specifications relating to machinery 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 and standards laid down
                                    L
       by Directive 83 / 189/ EEC .   Since the entry into force of these procedures
       in 1984, many national draft technical regulations on mobile machinery
       safety have been notified by Member States . In certain cases the
       Commission decided to deliver detailed opinions owing to the
       incompatibility of these drafts with Community law .
4
   OJ No L 109, 26.4.1983, p.8 .
 ---pagebreak---                                 - 5 -
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 very diversity of the sector . In the construction
plant field the majority of production is accounted for by a number of
large firms , including multinational subsidiaries . The production of
mining equipment is also highly specialized . On the other hand the
agricultural and forestry equipment sector ( excluding tractors ) contains
a large number of small and medium-sized 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 standards in the Community . The economic and
social aspects are therefore closely linked and must be tackled with a
combined approach .
There are no centralised Community statistics on the number of accidents
caused by the use of mobile machinery ; the few figures available at
national level nevertheless show that the number is high , especially in
agri culture .
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 mobile
machinery at the design and construction stages , wilt make a significant
contribution to reducing the number of accidents and all the associated
human and economic consequences .
 ---pagebreak--- Consultation of the parties concerned
From the start of the preparatory work , the Commission endeavoured to
involve all the parties concerned , namely representatives of governments
trade unions , industrial federations - particularly the Committee for
European Construction Equipment ( CECE ) and the European Committee of
Associations of Manufacturers of Agricultural Machinery ( CEMA ),
inspection agencies and the European standards bodies CEN and CENELEC .
The Commission also consulted the Safety and Health Commission for the
Mining and other Extractive industries which considered that machinery
used in these industries should come within the scope of this proposal .
The ad-hoc working party on machinery of the Advisory Committee on
Safety , Hygiene and Health Protection at Work studied the proposal and
adopted a favourable opinion on it . Furthermore , a delegation of that
working party took part in the work of the group of experts . The
Advisory Committee is being consulted at present and an opinion is
expected soon .
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 .
More particularly it is at present studying the proposal by the European
Trade Union Confederation relating to the contribution of the social
partners in evaluating the impact of the application of directives and
the standardisation work on the level of workers' safety .
 ---pagebreak---                                    - 7 -
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 health and safety 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 health and safety requirements of the Directive will
   have been verified by a Community inspection procedure .
   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 bridge the gap with national standards .
   Thus it must be anticipated that , during the transitional period ,
   manufacturers will have to certify the conformity of their mobile
   machinery directly with the essential health and safety 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 , differing interpretations of the essential health and safety
   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 .
 ---pagebreak---                                 - 8 -
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 cculd be brought about by arranging effective cooperation
between the Commission, Member States' inspection authorities and all the
parties concerned . The examination of specific examples of recourse
should help to develop common attitudes to the problem of assessing
technical options in relation to the essential health and safety
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 , 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 .
The rôle of standardi zati on
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 health and safety requirements .
Since, under the new approach , Member States will have to presume that
products manufactured in accordance with European standards comply with
the essential health and safety requirements , in the event of a dispute
these standards can constitute an extremely important limitation of
liability for any manufacturer .
 ---pagebreak---                                     - 9 -
 At the same time European standardization helps to achieve the objective
 of industrial rationalization , improve the quality of mobile machinery ,
 improve the safety of users of mobile machinery 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 .
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 health
   and safety 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 A of that Directive .
 ---pagebreak---                                     - 10 -
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 mobile machines of very simple design to more
     complex installations used in the construction field or various types of
     site work .
     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 or the appearance of new mobile machinery on
     the market .
     Apart from certain express  exclusions , the proposal for a Directive sets
     a limit to allow for other  Directives containing either essential health
     and safety requirements or  technical requirements relating to mobile
     machinery construction and  design .
2.   Conformity certification
     The proposal for a Directive on mobile machinery 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 in all cases make a declaration of conformity and
     affix the EC mark to the machinery .
     In certain exceptional cases prior third-party certification will be
     required for mobile machinery or parts thereof in the absence of
     harmonized standards or where mobile machinery does not conform fully to
     one of the standards which cover all the applicable essential health and
     safety requirements . These exceptional cases are set out in Annex IV to
     the proposal for a Directive .
 ---pagebreak---                                - 11
The obligation to make a declaration of conformity and affix the EC mark
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 reasons :
   in general , barring exceptional cases in some countries and for
   certain types of mobile machinery , current national systems make no
   provision for prior certification by third parties ;
   if a compulsory system of certification by third parties had
   nevertheless to be provided for all mobile machinery not confo ming to
   the standards , this would mean in practice that all mobile 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 health and safety
   requirements laid down by the Directive ; certain essential health and
   safety requirements are already sufficiently explicit and a standard
   for these would only place unnecessary restrictions on mobile
   machinery design );
 ---pagebreak---                                  - 12 -
 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 .                                              i
However , such powers cannot under any circumstances nullify the scope of
the Directive based on the system of manufacturer 's liability, as regards
the requirements for the design and manufacture of mobile machinery laid
down by the Directive and set out in detail by the standards .
            \
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 health and safety requirements
The essential safety requirements satisfy a number of criteria 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 inherent safety and health in
mobile machinery design and construction . Indeed , mobile machinery 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 safety devices
added on to mobile machinery, will often be less effective and more
expensive than the elimination of accident hazards at source .
 ---pagebreak---                                   - 13 -
The second principle adopted was to cover all the specific hazards that
mobile machinery could present , so that all situations endangering the
safety or health of users , whether operators or people in the vicinity of
mobile machinery, would be anticipated and dealt with . Clearly no mobile
machinery will have to satisfy all the essential health and safety
requirements of the Directive at once , only those relevant to the hazards
actually present .
The third principle , which is certainly where the most difficulties lie ,
was to draft requirements that could be applied to all mobile machinery
( small and large , , simple and complex ), based on the idea that the
essential health and safety requirements should be applicable in the
absence of standards but without relaxing health and safety standards in
relation to the situation in all the Member States as a whole .      The
solution adopted is to describe the essential health and safety
requirements in the form of specifications but without including 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 health and safety 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
                                on mobile machinery
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community, and
in particular Article 100a 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 the public and, where appropriate , of
     domestic animals and goods and , in particular , of workers notably in
     relation to the hazards arising out of the use of mobile 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 ;
 ---pagebreak---                                                       15 -
       (3)  Whereas existing national health and safety provisions providing
            protection against the hazards caused by mobile machinery must be
            approximated to ensure free movement of mobile machinery without lowering
            existing justified levels of protection in the Member States ; whereas the
            provisions of this Directive concerning the design and construction of
            mobile machinery , which are essential for a safer working environment ,
            are not incompatible either with specific provisions , based
            on Article 118a of the Treaty , regarding the use of machinery and
            organization of safety of workers in the working environment ;
       (4)  Whereas the mobility of these machines introduces hazards which are not
            covered by the essential requirements of Council Directive .../.../EEC of . on the
                                                                                            1
            approximation of the laws of the Member States relating to machinery ;
            and whereas the risks covered by the aforementioned Directive require
            that the essential requirements should be formulated in a different
            manner ;
       (5)  Whereas the mobile machinery sector is an important part of the
            engineering industry and is one of the industrial mainstays of the
            Community economy ;
       (6)  Whereas paragraphs 65 and 66 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 the approximation of laws ;
       ( 7) Whereas the social cost of the large number of accidents caused directly
            by the use of mobile machinery can be reduced by inherently safe design
            and construction of mobile machinery and by proper installation and
            maintenance ;
       (8)  Whereas the field of application of the Directive must be based on a
            general definition of the term " mobile machinery " so as to allow the
            technical development of products ; whereas this Directive should apply to
            mobile machinery used in mines ;
1
  OJ No L
 ---pagebreak---                                         - 16 -
( 9)   Whereas Community law , in its present form , provides - notwithstanding
       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
       mobile machinery ; whereas these requirements must replace the relevant
       national requirements because they are essential ;
( 10 ) Whereas the essential health and safety requirements must be satisfied in
       order to ensure that mobile 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 mobile machinery within the meaning of this Directive
       can relate only to the use of the mobile machinery itself as intended by
       the manufacturer ; whereas this does not preclude the laying down of
       conditions of use external to the mobile machinery , provided that it is
       not therefore modified in a way not specified in this Directive ; whereas
       consumers may use machines coming within the scope of this Directive ;
( 12 ) Whereas   for trade fairs , exhibitions , etc . it must be possible to
       exhibit demonstration mobile machinery which , for the needs of the
       demonstration , does not conform to the Directive ; whereas , however, the
       persons concerned should be properly informed of such non-conformity and
       that such mobile machinery cannot be purchased in that condition ;
 ---pagebreak---                                          - 17 -
( 13 ) Whereas therefore this Directive defines only the essential health and
       safety requirements of general application; whereas in order to help
       manufacturers to prove conformity to these essential requirements it is
       desirable to have standards harmonized at European level for the
       prevention of hazards arising out of the design and construction of
       machinery and in order to allow checks of conformity to the essential
       requirements ; whereas these standards harmonized at European level are
       drawn up by private-law bodies and must retain their non-binding status ;
       whereas for this purpose the European Committee for Standardization ( CEN )
       and the European Committee for Electrotechnical Standardization ( CENELEC )
       are the bodies recognized as competent to adopt harmonized standards in
       accordance with the general guidelines for cooperation between the
       Commission aryd 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 rimit 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
                                                                            (2)
       information in the field of technical standards and regulations , as amended
        by Directive 88/182./EEC3, 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 mobile machinery should be facilitated by the
       acceptance , at Community level , of products confoi ming 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 which the committee set up by Article 5
       of Directive 83 / 189/ EEC has in Community standardization ‘policy , and more
2 OJ No L 109, 26.4.1983, p. 8.
3 0J No L 81 , 26.3.1988, p. 75 .
 ---pagebreak---                                         - 18 -
       particularly its role in the preparation of standardization remits and
       the operation of the standstill procedure in European and national
       standardization , that committee is most appropriate to assist the
       Commission in carrying out Community checks of the conformity of national
       standards ; whereas both sides of industry, particularly labour organizations,
       must be properly consulted concerning the standardization and management
       work relating to this Directive .
( 15 ) Whereas , in line with current general practice in Member States ,
       manufacturers should retain       responsibility for certifying the
       conformity of their mobile 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 a stricter certification procedure is desirable for certain types
       of mobile machinery or components thereof that have a greater risk
       potential ; whereas it is , however , sufficient to make EC type-examination
       mandatory only where the harmonized standards concerned are not , or only
       partly, complied with ; whereas this EC type-examination procedure may be
       followed by an EC declaration by the manufacturer without a stricter
       system such as quality assurance , EC verification or EC monitoring being
       necessary ;
( 17 ) Whereas it is essential that the manufacturer or his authorized
       representative established in the Community prepare a technical
       construction dossier before drawing up the EC declaration of conformity ;
       whereas , however , it is not essential for all the documentation to exist
       permanently in a material manner but it must be possible to make it
       available on demand ; whereas it need not include detailed plans of the
       sub-assemblies used for the manufacturer of mobile machinery, unless a
       knowledge of them is essential for verification of conformity with the
       basic health and safety requirements ;
 ---pagebreak---                                           19 -
( 18 ) Whereas the mere fact of not being able to present the technical
       construction dossier following a reasoned request by a Member State may
       be taken as a presumption of the non-conformity of mobile machinery ;
( 19 ) Whereas it is necessary not only to ensure free movement and the putting
       into service and use of mobile machinery or accessories for such
       machinery bearing the EC mark and having an EC conformity certificate ;
       whereas it is also necessary to ensure free movement of mobile machinery
       not bearing the EC mark where it is to be incorporated into other mobile
       machinery or assembled with other mobile machinery to form a complex
       installation ; whereas nevertheless such mobile 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 ;
( 20 ) 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 ;
( 21 ) 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 ;
( 22 ) 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---                                          - 20 -
CHAPTER I
               Scope , placing on the market and freedom of movement
                                        Article 1
1 . This Directive applies to mobile machinery and lays down essential health
    and safety requirements for such machinery .
2 . For the purposes of this Directive , "mobile machinery " means an appliance ,
    plant , machine or equipment which operates in working areas and whose
    operation requires either mobility while working , or continuous or
    semi-continuous movement between a succession of fixed working positions .
    Mobile machinery may be self-propelled , towed , pushed or carried by other
    mobile machinery or tractors .
    - Working areas may be in particular building sites , civil engineering
      works , dredging works , thoroughfares , mines , quarries , sports grounds ,
      fields , meadows , woodland , forests , green spaces ,
      mushroom beds , glasshouses , farm buildings , stretches of water ,
      etc .;
    - Mobile machinery may work in particular as graders , dumpers ,
      harrows , ploughs , sowing and spreading machines , crop treatment machines ,
      harvesting machines , trai lers , etc .;
    - Mobile machinery which works with a continuous or semi-continuous
      movement between a succession of fixed working positions includes in
      particular hydraulic shovels, drills , refuse trucks , certain harvesting
      machines , pile drivers , etc .;
 ---pagebreak---                                        - 21
3 . Complete interchangeable accessories or equipment intended to perform a
    given task and generally fitted to mobile machinery by the user himself ,
    whether or not made by the same manufacturer , should be regarded as
    independent mobile machinery .
A. This Directive applies to agricultural and forestry tractors not covered by
    the specific Directives in force .
5 . The following are excluded from the scope of this Directive :
    - mobile machinery whose principal function is lifting ,
    - mobile machinery whose only power source is directly applied manual
      effort ,
    - means of transport , namely vehicles intended solely for transporting
      passengers or goods by road , rail , on water or by air , and which are not
      directly involved in a given type of work ,
    - mobile machinery with a medical usage ,
    - all mobile machinery corresponding to the above definition and covered by
      an EEC Directive containing essential health and safety requirements or
      technical design and construction requirements relating to health and
      safety in respect of the hazards covered by such a Directive .
6 . Khere a machine is covered by the Low Voltage Directive, that
    Directive shall apply if the hazards of electrical origin are greater than
    the hazards covered by this Directive .
                                     Article 2
1 . Member States shall take all appropriate measures to ensure that
    mobile machinery may be placed on the market and put
    into service and use only if it does not endanger the health or safety of
    persons , domestic animals or property , when properly installed and
    maintained , and used for its intended purpose .
 ---pagebreak---                                        - 22 -
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
    mobile machinery in question , provided that this does not mean that the
                                                                            1 >
    mobile 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 paragraph 1 shall be limited to the provisions of
    this Directive .
4 . At trade fairs , etc . Member States shall not prevent the showing of
    demonstration mobile machinery which , for the needs of the demonstration ,
    does not comply with the provisions of this Directive, provided that an
    appropriate sign clearly indicates that such mobile machinery does not
    comply , and that it is not for sale until it has been brought into
    compliance by the manufacturer or his agent established in the Community .
                                      Article 3
Mobile machinery shall satisfy the essential safety requirements set out in
Annex I.
                                      Article 4
1 . Member States shall not prohibit , restrict or impede the placing on the
    market , putting into service or use on their territory of mobile machinery
    which complies with the provisions of this Directive , bears the EC mark and
    is accompanied by the EC declaration of conformity .
 ---pagebreak---                                         - 23 -
2 . Member States shall not prohibit , restrict or impede the placing on the
     market of mobile machinery , even where no EC mark is affixed , which is
     intended to be incorporated into mobile machinery or assembled with other
     mobile machinery to constitute mobile machinery . Member States shall not ,
    however , permit the putting into service or use of such mobile machinery
    unless the mobile machinery has been declared to be in conformity with the
    provisions of the Directive and the EC mark has been affixed .
   This paragraph shall not apply in the case of interchangeable equipment
   which is generally incorporated into or fitted to basic mobile machinery
   by the user .
                                       Article 5
1 . Member States shall presume conformity with the essential health and safety
     requirements referred to in Article 3 in respect of mobile machinery
     bearing the EC m :irk and accompanied by an EC declaration of conformity .
2 . Where a national standard transposing a harmonized standard , the reference
     of which has been published in the Official Journal of the European
     Communities , covers one or more of the essential health and safety
     requirements , mobile 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 4 shall create the same presumption of conformity .
 ---pagebreak---                                           - 24 -
4 . 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 notify such texts forthwith to
    the other Member States . In 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 relevant
    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 .
    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 .      Within one month of receiving the
    latter 's opinion , the Commission shall 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 .
 ---pagebreak---                                           25 -
     If the Commission or a 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 State ascertains that mobile 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 mobile 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-conformi ty is due to :
    ( a ) failure to satisfy the essential requirements set out in Annex    I.
    ( 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 consult the parties concerned without.- delay .
    Where the Commission considers , after such 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 taking the decision maintains its
    position, the Commission shall immediately inform the Committee and
    initiate the procedures referred to in Article 6 .
 ---pagebreak---                                          - 26 -
3 . Where mobile 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 thereof .
CHAPTER II
                                Certification procedure
                                       Article 8
1 . In order to certify the conformity of mobile machinery with the terms of this
    Directive , the manufacturer or his authorized representative established in
    the Community shall issue an EC conformity declaration as set out in
    Annex II for each mobile machine manufactured , and affix to it the EC mark
    referred to in Article 10 .
2 . Before placing on the market , the manufacturer, or his authorized
    representative established in the Community : .
 ?
                                                                             I
    ( a ) if the mobile machinery is not covered by Annex IV or if it is covered
          but is manufactured in accordance with the standards referred to in
          Article 5 , shall make up a dossier as provided for in Annex V ;
    ( b ) if the mobile machinery is covered by Annex IV but is manufactured
          without satisfying all or part of the standards referred to in
          Article 5 , shall submit a model of mobile machinery for EC type
          examination as referred to in Annex VI .
 ---pagebreak---                                           27 -
3 . Where paragraph 2(a ) applies , the EC declaration of conformity must certify
    conformity only to the essential requirements of the Directive , and the EC
    mark must conform to the model set out in Annex III .
    Where paragraph 2(b ) applies , the EC declaration of conformity must certify
    conformity to the model which has undergone an EC type examination , and the
    EC mark must conform to the model set out in Annex III .
4 . Where neither the manufacturer nor his agent established in the Community
    has complied with his obligations under paragraphs 1 , 2 and 3 , these
    obligations shall fall to any person placing the mobile machinery on the
    market in the Community .  The same obligations shall apply to anyone
    assembling mobile machinery or parts thereof of various origins or
    constructing mobile machinery for his own use .
                                      Article 9
1 . Each Member State shall notify the Commission and the other Member States
    of the bodies it has designated to carry out the certification procedures
    referred to in Article 8(2)(b ).    The Commission shall publish , for
    information , a list of these bodies in the Official Journal of the European
    Communities and keep that list up to date .
2 . Member States must apply the criteria set out in Annex VII for the
    assessment of the bodies to be notified . Bodies which satisfy the
    assessment criteria laid down in the relevant harmonized standards shall be
    presumed to comply with the said criteria .
3 . A Member State which has designated a body must withdraw its notification
    if it finds that the body no longer satisfies the criteria set
    out in Annex VII .   it shall immediately inform the Commission and the
    other Member States thereof .
 ---pagebreak---                                        - 28 -
CHAPTER III
                                       EC Mark
                                     Article 10
1 . The EC mark shall consist of the symbol " CE " in conformity with 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 mobile machinery in accordance with point
    1.6.3 of Annex I .
3 . The affixing to mobile machinery of marks or inscriptions which , owing to
    their design or position , are liable to be confused with the EC mark shall
    be prohibited .
CHAPTER IV
                                  Final provisions
                                     Article 11
Any decision taken pursuant to this Directive shall state the exact grounds i
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 .
 ---pagebreak---                                       - 29 -
                                    Article 12
1 . Member States shall adopt and publish the laws , regulations and
    administrative provisions necessary in order to comply with this Directive
    before 1 January 1991 . They shall forthwith inform the Commission thereof .
    They shall apply these provisions from 1 January 1993 .
2 . Member States shall communicate the texts of the provisions of national law
    which they adopt in the field covered by this Directive to the Commission .
                                    Article 13
                This Directive is addressed to the Member States .
  Done at ,                                        For the Council
 ---pagebreak---                                       - 30 -
ANNEX I
Essential health and safety requirements
PRELIMINARY OBSERVATIONS
The preliminary observations of the proposal for a Directive C0M(87 ) 564
final , as amended by C0MC88 ) 267 final , relating to machinery apply .
1.1      General   ,
             <
1.1.1    Definitions
The definitions of paragaph 1.1.1 of the proposal for a Directive C0M(87 ) 564
final , as amended by C0MC88 ) 267 final , relating to machinery apply with the
following additions :
4.    " working area " shall mean any area near mobile machinery in which the
      machinery and / or its tools move in order to carry out the work ;
5.    " driver " shall mean an operator authorized to supervise the movement of
      mobile machinery ; he may also carry out other tasks as appropriate ,
      either from his driving position or from another working position ; in
      certain cases mobile machinery may be controlled by two operators .
Notes :
1.  The driver may
    - be carried by the mobile machinery itself - called a " ride-on driver ",
 ---pagebreak---                                        31
    - move in the immediate vicinity of the mobile machinery - called
       " pedestrian control ",
    - or stay in a fixed or movable position, with remote control of the
       mobi le machinery .
2.  Mobile machinery must always be moved by a driver , but may have other
    working positions than the one occupied by the driver when he is driving
     the mobile machinery ; mobile machinery may also be controlled by several
    operators working together .
1.1.2    Principles of inherently safe design
Paragraph 1.1.2 of the proposal for a Directive C0M(87 ) 564 final , as amended
by C0M(88 ) 267 final , relating to machinery applies .
1.1.3   Materials and products
Paragraph 1.1.3 of the proposal for a Directive C0M(87 ) 564 final , as amended
by C0M(88 ) 267 final , relating to machinery applies .
1.1.4   Lighting
Paragraph 1.1.4 of the proposal for a Directive C0M(87 ) 564 final , as amended
by C0MC88 ) 267 final , relating to machinery applies , with the following
changes :
The first paragraph is replaced by the following :
If the manufacturer envisages use at night or in dark places , mobile machinery
must be fitted with lighting appropriate to the work to be carried out ,
allowing adequate vision of the working area , without prejudice to any
requirements of the highway code or other applicable regulations ( such as
navigation lights ).
 ---pagebreak---                                      - 32 -
The third paragraph is replaced by the following :
If certain internal parts require frequent inspection they must be provided
with appropriate lighting or devices for connection of additional lighting .
The same applies to adjustment and maintenance areas . This requirement does
not apply to mobile machinery intended solely for underground working .
1.1.5  Design of mobile machinery for handling purposes
Paragraph 1.1.5 of the proposal for a Directive C0M(87 ) 564 final , as amended
by C0M(88 ) 267 final , relating to machinery applies , except for the first
indent of the first paragraph , which is replaced by the following :
- be capable of being installed and removed safely, for example : stability
  must be ensured ; there must be no dangerous movement when mobile machinery
  is handled in accordance with the manufacturer 's instructions , etc .
1.2    Controls
1.2.1  Driving position
The driving position must be so designed and constructed that all manoeuvres
necessary for the operation of the mobile machinery can be performed by the
driver from the driving position without risk or excessive fatigue .
If the dimensions of mobile machinery and / or its conditions of use allow ,
ride-on drivers must be housed in a driver 's cab .
Such cabs must :
- comprise a seat , unless the driver has to work in a standing position,
 ---pagebreak---                                      - 33 -
- and must be designed and constructed to protect the driver against bad
  weather and extreme climatic conditions ,
- and allow rapid evacuation .
The materials used for the cab and its fittings must be fire-resistant .
Depending on the work to be carried out and the climatic conditions or the
place of use , the cab must be designed , constructed and / or equipped to ensure
that the driver enjoys good working conditions ( e.g. ventilation , heating ,
visibility , noise reduction , protection against falling objects and rollover
protection ) .
Visibility from the driving position must be such that the driver can operate
the mobile machinery and its tools in the intended conditions of use in
complete safety for himself and the exposed persons . Where necessary , optical
aids must be provided to remedy inadequate direct vision .
There may be two or more driving positions to facilitate forward and reverse
manoeuvres of the mobile machinery ; in this case each driving position must be
provided with all the necessary controls . Where the various driving positions
are not in direct line of sight of one another , mobile machinery must be so
designed and constructed that the use of one of them precludes the use of the
others .
Mobile machinery must be so designed and constructed that there can be no
accidental contact with the wheels or tracks from the driving position . The
driving position must so be designed and constructed as to avoid any health
risk due to exhaust gases and / or a lack of oxygen .
1.2.2    Seating
The driving seat of any mobile machinery must keep the driver in a stable
position , be comfortable and easily adapted to drivers of different weights
and heights .
 ---pagebreak---                                      - 34 -
Where mobile machinery is fitted with a rollover protection structure, the
seat must be equipped with a safety belt or equivalent device which does not
restrict movement due to the suspension or required when driving .
The seat mountings must withstand all stresses to which they can be subjected ,
notably in the event of rollover .
Where there is no floor beneath the seat , the driver must have footrests
covered with a non-slip material .
If operators other than the driver are occasionally or regularly carried by
mobile machinery , appropriate places , preferably equipped with seats , must be
provided to transport them without risk . Seats , where provided , must comply
with the characteristics set out above .
1.2.3  Safety and reliability of controls
Paragraph 1.2.1 of the proposal for a Directive C0M(87 ) 564 final , as amended
by C0M(88 ) 267 final , relating to machinery applies .
1.2.4  Control devices
Paragraph 1.2.2 of the proposal for a Directive C0M(87 ) 564 final , as amended
by C0M(88 ) 267 final , relating to machinery applies , with the following
amendments .
                                                                              Λ
Add the following as an introduction :
 ---pagebreak---                                      - 35 -
The driver must be able to operate all the controls as required to operate the '
mobile machinery from the driving position , except for functions which can be
safely activated using controls located away from the driving position . This
relates in particular to working positions other than the driving position or
for which the driver has to leave the driving position in order to carry out
the manoeuvre in complete safety .
Add the following at the end of the sixth indent :
- Where there are pedals they must be of an appropriate shape , size and
   spacing, they must have a non-slip surface and be easy to clean .
- Brake , accelerator and clutch pedals , and reversing pedals where fitted ,
  must be designed , constructed and arranged so that they can be operated
  without risk of confusion .
- The functions of the various pedals must be clearly indicated in the
   instruction manual and in a legible and indestructible position visible at
  all times to the driver in his normal driving position .
- The accelerator and brake controls for the movement of mobile machinery
  running on rails for use in underground mines must be manual .   The
  dead-man 's control may be foot operated , however .
- In the case of wheeled mobile machinery , the steering system must be
  designed to reduce the force of sudden movements of the steering wheel or
  steering lever , caused by the reaction of the steered wheels .
The following is added at the end of the paragraph :
Where their operation can lead to hazards , notably dangerous movements , the
controls of mobile machinery , except those having several predetermined
positions , must return to the neutral position as soon as they are released by
the operator .
 ---pagebreak---                                     - 36 -
Where self-propelled machinery has working positions other than the main
driving position , it must be possible to lock the controls located in these
positions from the main driving position .
Any control that locks the differential must be so designed and arranged that
it allows the differential to be unlocked when the machinery is moving .
The controls of powered roof supports must be designed and laid out so that
during displacement operations the operators are sheltered' by a support in
place . The controls should be protected against all unexpected activation .
1.2.3   Starting
It must be possible to start mobile machinery , restart it after a stoppage for
whatever reason , or make a significant change in the speed only by voluntary
action of a control provided for the purpose , except in the case of the normal
operation of an automatic device .
Movements of mobile machinery with a ride-on driver must be possible only if
the driver is at his driving position and is sure that he can control the
mobile machinery                                                 |
Movements of pedestrian-controlled mobile machinery must be possible only
while there is sustained action on the relevant control by the     driver ; where
no such device is provided , an emergency stop device must be fitted .
 All mobile machines must have a means of preventing unauthorized starting .
 The starter must function only if appropriate measures have been taken ( e.g.
 clutch disengaged, gearbox in neutral , etc .) to ensure that no unintended
 movement of the mobile machinery or its tools can result .          ,
 ---pagebreak---                                      - 37 -
It must be possible to start internal combustion engines without the help of
dangerous auxiliary facilities .
1.2.6  Stopping devices
Paragraph 1.2.4 of the proposal for a Directive C0MC87 ) 564 final , as amended
by C0M(88 ) 267 final , relating to machinery applies , preceded by the
following :
Normal stopping
Without prejudice to the requirements of road traffic regulations ,
self-propelled mobile machinery and trailers must meet the requirements for
slowing down , stopping, braking and immobilization so as to ensure safety
under all conditions of service , loading , speed , ground conditions and
gradient envisaged by the manufacturer and corresponding to situations usually
encountered .
The driver must be able to slow down and stop self-propelled mobile machinery
by means of a main device . In case of failure of the main brake , a fully
independent and easily accessible emergency brake must be provided for slowing
down and stopping .
A purely mechanical parking device must be provided to keep stationary
equipment immobile ; this parking brake must be latching and may be combined
with one of the devices referred to in the preceding paragraph .
Mobile machinery which is remote controlled ( by cables , radio , etc .) must be
designed and constructed to stop automatically if the driver loses control .
Self-propelled machinery running on rails , for use in underground mines must
be equipped with a dead-man control acting on the circuit controlling the
movement of the machinery .
 ---pagebreak---                                      - 38 -
1.2.7  Reversing
In the case of pedestrian-controlled mobile machinery it must be possible to
engage the reversing control only if this is not hazardous ; the reversing
speed must be such that it does not endanger the driver .
In the case of pedestrian-controlled agricultural and forestry machinery with
a rear-mounted rotary tool , it must be possible to engage the reversing
control only after disengaging the tools . If , however , the machine is
propelled by the tool , the reversing speed must be such that it does not
endanger the driver .
Where the accompanying driver 's usual standing position is in the path of the
mobile machinery when it is in reverse , the machine must be so designed and
constructed as to avoid any risk of crushing if the driver falls ( for example
by use of a control requiring sustained action ).
1.2.8  Mode sélection
Paragraph 1.2.5 of the proposal for a Directive C0MC87 ) 564 final , as amended
by C0M(88 ) 267 final , relating to machinery applies .
1.2.9  Power supply failure
Paragraph 1.2.6 of the proposal for a Directive C0M(87 ) 564 final , as amended
by C0M(88 ) 267 final , relating to machinery applies .
 ---pagebreak---                                          39 -
1.2.10       Control circuit failure
Paragraph 1.2.7 of the proposal for a Directive C0M(87 ) 564 final , as amended
by C0MC88 ) 267 final , relating to machinery applies with the following
add i t i on :
- Failure of power-assisted steering , where fitted , must not prevent mobile
   machinery from being steered during the time required to park it in a place
   which is not dangerous .
1 .3       Protection against mechanical hazards
1.3.1      Stability
Mobile machinery , components and fittings thereof must be so designed and
constructed that they are sufficiently stable , under the intended operating
conditions , in use , storage or parking , without risk of overturning , falling
or unforseeable movement .
Powered roof supports must be so designed and constructed as to maintain an
adequate orientation when moving and not to slip before they come under load .
They must be equipped with anchorages for the top plates of the individual
hydraulic props themselves .
1.3.2      Uncontrolled movements
When a part of a mobile machine has been stopped , any drift away from the
stopping position , for whatever reason other than action on the controls , must
be such that it is not a hazard to exposed persons .
 ---pagebreak---                                      - 40 -
Mobile machinery must be so designed and constructed as to reduce the
amplitude of movement of its centre of gravity and to elim'nate hazards due to
such movement .
1.3.3   Risk of break-up during operation
Paragraph 1.3.2 of the proposal for a Directive C0MC87 ) 564 final , as amended
by C0MC88 ) 267 final , relating to machinery applies , the fourth paragraph
being amended as follows :
Parts of mobile machinery rotating at high speed which , despite the measures
taken , may break up or disintegrate , must be mounted and guarded in such a way
that breakage their fragments will be contained or , failing this , cannot be
projected towards the driving and / or operating positions .
                                                                    'à        ' ,
1.3.4   Roi lover
Where the use of self-propelled mobile machinery with a ride-on driver and
possibly ride-on operators involves a risk of rollover , it must be designed
and constructed , where its dimensions allow , to receive a rollover protective
structure ( ROPS ). Such structures must conform to the specific directives in
force .
For mobile agricultural and forestry machinery the rollover protective
                                   ♦
structure may be one of those required for wheeled agricultural and forestry
tractors as described in the specific directives in force .
1.3.5   Falling objects
                                        r
Precautions must be taken to prevent objects or materials coming from the
mobile machinery itself or created by its work falling or being ejected in a
manner hazardous to exposed persons .
 ---pagebreak---                                      - 41
 Furthermore , where there is a risk during operation to the driver and any
operators from falling objects or materials , self-propelled mobile machinery
must be so designed and constructed , where its dimensions allow , to receive a
falling-object protective structure ( FOPS ). Such structures must conform to
the specific directives in force .
1.3.6   Falls and access to the working or service positions
The manufacturer must provide safe access to and from all working , adjustment
and maintenance positions ; special attention must be paid to the driving
position .
Parts of mobile machinery where people are likely to need access , to move or
to stay must be designed and constructed in such a way as to avoid falls ( for
example by fitting hand rails , gates , etc .), must have non-slip surfaces ,
steps , footboards and rungs which are easily cleaned and allow water and mud
to run off . The support surface must be sufficiently large and must have side
stops where necessary .
Powered roof supports must allow for unhindered movement of the personnel .
Handholds must be provided ; it must not be possible for controls to be used as
supports or handholds .
1.3.7   Hazards due to surfaces , edges or angles
Paragraph 1.3.4 of the proposal for a Directive C0MC87 ) 564 final , as amended
by C0M(88 ) 267 final , relating to machinery applies .
 ---pagebreak---                                       - 42 -
1.3.8   Combined mobile machinery
Paragraph 1.3.4(a ) of the proposal for a Oirecive C0M(87 ) 564 final , as
ajnended by C0M(88 ) 267 final , relating to machinery applies .
1.3.9   Variations in tool rotation speeds
Paragraph 1.3.4(b ) of the proposal for a Directive C0M(87 ) 564 final , as
amended by C0M(88 ) 267 final , relating to machinery applies .
1.3.10 Towing devices
All mobile machinery used for towing or intended to be towed must be fitted
with towing or coupling devices designed , constructed and arranged to ensure
an easy and safe connection . In particular , mobile machinery fitted with a
towbar must be equipped with a device to prevent the towbar disconnecting and
to support it or , if appropriate , a device allowing automatic recovery of the
towbar by the towing vehicle .
In the case of mobile agricultural or forestry machinery the towbar support
must have a bearing surface designed , on the basis of the mass applied , to
rest on soft ground .
1.3.11 Transmission of power between self-propelled mobile machinery ( or
        tractors ) and towed mobi le machinery
Transmission shafts with universal joints linking self-propelled mobile
machinery ( or tractors ) to towed mobile machinery must be guarded on the
self-propelled machinery side and the towed machinery side over the whole
length of the shaft and associated universal joints .
 ---pagebreak---                                      - 43 -
On the side of the self-propelled mobile machinery or tractor , the power
take-off to which the transmission shaft is attached must be guarded either by
a casing fixed to the self-propelled machinery ( or tractor ) or by any other
device offering equivalent protection .
On the towed machinery side , the input shaft must be enclosed in a protective
casing fixed to the mobile machinery .
Except in special cases ( such as very short shafts ) torque limitators or
flywheels may be fitted to universal joint transmissions only on the side
adjoining the driven machine .
All towed mobile machinery whose operation requires a transmission shaft to
connect it to self-propelled mobile machinery or a tractor , must have a system
for attaching the transmission shaft such that when the machinery is
uncoupled , the transmission shaft and its guard are not damaged by contact
with the ground or a part of the machinery .
The outside parts of the guard must be so designed , constructed and arranged
that they cannot turn with the transmission shaft , so as to avoid any damage
by winding or tearing through contact with another part . The guard must cover
the transmission shaft to the ends of the inner jaws in the case of simple
universal joints and at least to the centre of the outer joint or joints in
the case of " wide-angle " universal joints .
It must not be possible for universal joint transmission shaft guards as
described in the preceding paragraph to be used as steps .
1.3.12 Safety of moving parts
Paragraph 1.3.5 of the proposal for a Directive C0M(87 ) 564 final , as amended
by C0M(88 ) 267 final , relating to machinery applies , with the following
paragraphs :
 ---pagebreak---                                      - 44 -
1.3.12.1   Moving transmission parts
The moving parts of mobile machinery used to transmit power or movement must
be designed , constructed , laid out or at least provided with guards or
protective devices in such a way as to prevent all risk of contact which could
lead to accidents , notably due to impact , severing , crushing , relative
movement , speed , the energy involved , or to the arrangement or shape of the :
constructional parts or materials used .
Guards , where needed , must be fixed where possible , especially where access is
rarely needed . They must be of robust construction and securely held in
place . They must be fixed by systems that can be opened only with tools or
keys .
Where frequent servicing is required , removable guards , as far as possible
remaining fixed to the mobile machinery when open , fitted with a support
system , and not needing a tool or key to open them, may be used provided that
they are associated with a locking device such that the opening of the guard
stops the moving parts and closure of the guard allows starting up only by
voluntary action of the control provided .
In the case of internal combustion engines , access to the engine compartment ,
if any , must be  prevented by removable guards ; these need not have locking
devices if they   have to be opened either by the use of a tool or key , or a
control located   in the driving position if the latter is in a fully enclosed
cab with a lock   to prevent unauthorized access .
 ---pagebreak---                                      - 45 -
1.3.12.2    Moving parts involved in the working process
Where mobile machinery has a working position occupied by one or more
operators , other than the driving position , moving parts involved in the
working process and which , owing to their relative movement , speed , mass or
the energy involved can cause accidents , notably due to impact , severing ,
crushing or ejection , must be designed , constructed , arranged or controlled in
such a way that they are inacessible during operation . Failing this , they
must be fitted with guards or protective devices offering an equivalent degree
of safety .
However , where all or part of certain such moving parts cannot be made
inaccessible during operation owing to the need for operator intervention ,
they must , as far as is technically possible , be fitted with guards or
protective devices limiting accessibility , preventing in particular access to
the sections of the parts which are not used in the working process . They
must be fitted with devices allowing the risk of any accident that occurs to
be eliminated , such as emergency stop devices which are easily reached from
the danger zone . Moreover , if the working position is not directly visible
from the driving position, it must not be possible to start the movement from
the driving position until the operators concerned have activated an enabling
control .
All the necessary steps must be taken to prevent accidental blockage of moving
parts involved in the work . If despite precautions taken a blockage occurs ,
the instruction manual and possibly a sign on the machinery should give the
necessary instructions for safe unblocking .
 ---pagebreak---                                      - 46 -
1.4    Protection against other hazards
1.4.1  Electricity supply
Paragraph 1.5.1 of the proposal for a Directive C0M(87 ) 564 final , as amended
by C0M(88 ) 267 final , relating to machinery applies , with the addition of the
following two paragraphs .
The battery housing must be so constructed and located as to reduce as far as
possible the chance of electrolyte being ejected onto the operator in the
event of rollover and / or to reduce the accumulation of vapours in places
occupied by operators .
Mobile machinery must be designed and constructed to allow for easy
disconnection of the battery .
1.4.2  Static electricity
Paragraph 1.5.2 of the proposal for a Directive C0M(87 ) 564 final , as amended
by C0MC88 ) 267 final , relating to machinery applies .
1.4.3  Energy other than electricity
Paragraph 1.5.3 of the proposal for a Directive C0M(87 ) 564 final , as amended
by C0MC88 ) 267 final , relating to machinery applies .
1.4.4  Extreme temperatures
Paragraph 1.5.4 of the proposal for a Directive C0M(87) 564 final , as amended
by C0M(88) 267 final , relating to machinery applies .
 ---pagebreak---                                      - 47 -
1.4.5   Fi re
Paragraph 1.5.5 of the proposal for a Directive C0MC87 ) 564 final , as amended
by C0M(88 ) 267 final , relating to machinery applies , with the addition of the
following two paragraphs :
Mobile machinery must be fitted , where its dimensions permit , with :
- mountings allowing easily accessible fire extinguishers to be fitted ;
- or automatically triggered extinguisher systems . Such systems are
  compulsory for mobile machinery intended for use in underground mines and
  which is highly flammable .
Mobile machines with internal combustion engines for use in underground mines
must operate on diesel fuel only . Their braking systems must be so designed
and constructed as not to produce sparks or cause fires .
1.4.6  Explosion
Paragraph 1.5.6 of the proposal for a Directive C0M(87 ) 564 final , as amended
by C0MC88 ) 267 final , relating to machinery applies .
1.5.7  Noi se
Paragraph 1.5.7 of the proposal for a Directive C0M(87 ) 564 final , as amended
by C0M(88 ) 267 final , relating to machinery applies , with the addition of the
following paragraph :
Special attention must be given to requirements regarding noise in relation to
the health of workers or to the environment , in accordance with the specific
directives in force .
 ---pagebreak---  1.4.8   Vibration
Paragraph 1.5.8 of the proposal for a Directive C0MC87 ) 564 final , as amended
by C0MC88 ) 267 final , relating to machinery applies .
1.4.9    Radiation
Paragraph 1.5.9 of the proposal for a Directive C0MC87 ) 564 final , as amended
by C0MC88 ) 267 final , relating to machinery applies .
1.4.10 Emissions of dust , gases , etc .
Machinery must be so designed , constructed and / or equipped that hazards due to
gases , liquids , dust , vapours , aerosols or other waste materials from the
products it uses , processes or packages can be avoided .
Where a hazard exists , mobile machinery must be so equipped that the said
substances can be collected for discharge in an area where there is no hazard ,
precipitated by water spraying , or treated in the case of harmful products
which cannot be discharged untreated .
Collection or spraying equipment must be located as close as possible to the
point of emission .
Where mobile machinery is designed to spread products , it must be equipped
with a cab designed and constructed to ensure good working conditions for the
driver .
Exhaust gases from internal combustion engines must be discharged in a way
that is not hazardous to operators .
 ---pagebreak---                                        49 -
Exhaust gases from internal combustion engines of mobile machinery intended
for use in underground mines must not be discharged upwards .
1.4.11 Use of mobile machinery for lifting operations
Where the manufacturer envisages occasional use of mobile machinery for
lifting operations or mobile machinery is equipped with accessories allowing
such use , it must be designed and constructed to comply with the essential
health and safety requirements relevant to such operations .
1.5     Maintenance
1.5.1   Machinery maintenance
Paragraph 1.6.1 of the proposal for a Directive C0M(87 ) 564 final , as amended
by C0M(88 ) 267 final , relating to machinery applies , with the addition of the
following paragraph :
The cleaning of internal parts of mobile machinery which have contained
potentially toxic products must be possible without entering such internal
parts ; any necessary unblocking must also be possible from the outside .
1.5.3   Isolation of power sources
Paragraph 1.6.3 of the proposal for a Directive C0MC87 ) 564 final , as amended
by C0M(88 ) 267 final , relating to machinery applies .
 ---pagebreak---                                      - 50 -
 1.6     Indicators
 1.6.1  Warning devices
Paragraph 1.7.1 of the proposal for a Directive C0MC87 ) 564 final , as amended
by C0M(88 ) 267 final , relating to machinery applies , with the addition of the
following paragraph between the first and second paragraphs :
Where the health and safety of exposed persons depends on the correct
operation of mobile machinery, it must be equipped with a warning device to
indicate any unintended stoppage or fault in operation .
1.6.2   Signalling and warning
Mobile machinery must have means of signalling and , where appropriate ,
instruction plates concerning the use , adjustment and maintenance wherever
necessary to ensure the health and safety of exposed persons . They must be so
chosen , designed and constructed as to be easily perceived and durable .
Instructions should preferably use readily understandable pictograms
supplemented where necessary by texts in the languages of the country of use
and , on request at the time of ordering , in the languages understood by the
operators .
                                                                              • »
Without prejudice to the requirements to be observed for travelling on the
public highway , mobile machinery with a ride-on driver must have the following
equipment :
- an acoustic warning device to alert exposed and/ or third persons ,
- a system of light signals appropriate to the intended conditions of use ,
   such as stop lights , reversing lights and rotating beacons . This latter
   requirement does not apply to mobile machinery intended solely for
   underground working and having no electrical power .
 ---pagebreak---                                      - 51
Mobile machinery whose use involves frequent reversing ( such as : loaders ,
front-end loaders , bulldozers , graders , etc .) must , when the driver cannot see
                                           9
directly behind , be fitted with devices^to alleviate his restricted vision .
Remote-controlled mobile machinery which under normal conditions of use
exposes persons to impact hazards must be fitted with appropriate means to
signal its movements and to protect exposed persons against such hazards .
Mobile machinery must be so constructed that all the warning and signalling
devices cannot be disabled simultaneously . Where this is essential for
safety , such devices must be provided with facilities for checking their
correct operation and their failure must be clearly indicated to the operator .
Where the movement of mobile machinery or its tools is hazardous , signs must
be provided to warn against approaching the machinery while it is working ;
signs must be legible at a sufficient distance to ensure the safety of persons
who have to be in the vicinity .
1.6.3   Marking
The minimum particulars required by paragraph 1.7.3 of the proposal for a
Directive C0M(87 ) 564 final , as amended by C0MC88 ) 267 final , relating to
machinery should be supplemented by the following :
after the fourth indent add the following indents
-  power expressed in kW ;
- mass , in kg, of the most usual conf iguration(s );
- technically possible trailer mass ;
- permissible trailer coupling load or towbar pull .
At the end of the paragraph add the following :
Where a mobile machinery part has to be handled with lifting equipment , its
mass must be indicated on it in a legible and durable manner . This is
particularly important for parts of low volume but high mass .
 ---pagebreak---                                       - 52 -
 Complete units of mobile machinery, designed to be towed , pushed or carried by
 mobile machinery or tractors must bear the same particulars .
 1.6.4   Instruction handbook
 Paragraph 1.7.4 . of the proposal for a Directive C0MC87 ) 564 final , as amended
by C0MC88 ) 267 final , relating to machinery applies with the following
amendments :
at the end of paragraph ( a ), add the following :
 In the case of machinery allowing several uses depending on the equipment
used :
- manufacturers of basic machinery ( such as tractors ) must give information
   regarding equipment which can be attached , notably fluid connections , forces
   and moments at fixing points , etc .;
- manufacturers of add-on equipment must give the complementary information :
   forces and moments created by the accessory , power consumption , etc .
paragraph ( e ) is replaced by the following :
The instruction handbook must give the following information concerning
vibrations emitted by mobile machinery :
- level of vibrations transmitted to the upper limbs where the effective value
   of acceleration equivalent exceeds 5 m/ s^,
- overall level of vibrations in the body ( through the feet or seat ) where the
                                                     2
   effective accélération équivalent exceeds 0.5 m/ s .
 ---pagebreak---                                      53 -
The operating conditions of the mobile machinery during measurement , the
measurement points and the duration of measurements must be as specified in
the applicable standard . If there is no applicable standard , the operating
conditions must correspond to a work cycle representative of the normal use of
the mobile machinery .
 ---pagebreak---                                      - 54
ANNEX II
                                  1
A.  EC Declaration of conformity
    The EC declaration of conformity must include the following :
         name and address of the manufacturer or his authorized representative
         established in the Community,^
         description of the machinery,^
         regulations with which the machinery complies ,
         name and address of approved body and number of EC type-approval
         certificate , if any ,
         for machinery referred to in Article 4 , reference to harmonized
         standards where appropriate ,
         identification of person empowered to sign on behalf of the
         manufacturer or his representative .
 This declaration must be drawn up in the same language as the instruction
 handbook ( see Annex I , paragraph 1.6.4 ), either typewritten or handwritten
 in block capitals .
 Business name and full address ; authorized representatives must also give
 the business name and address of the manufacturer .
 Description of machinery ( make, type, serial number , etc .).
 ---pagebreak---                                         55
8. Manuf ac turer' s déclaration ( Article 4(2 ))
   The manufacturer 's declaration referred to in Article 4(2 ) must include
   the following :
       name and address of the manufacturer ,
       description of the machinery or machinery parts ,
       statement that it may not be put into service until the machinery into
       which it is to be incorporated has been declared in conformity with
       the provisions of the Directive ,
       identification of person signing .
 ---pagebreak---                                      56 -
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 .
 ---pagebreak---                                          57 -
ANNEX IV
Types of mobile machinery or parts thereof for which the procedure set out in
Article 8(2)(b ) must be applied
( EC type examination if the machinery does not conform entirely to a standard
or the standards covering all the applicable essential safety requirements .)
1.   Agricultural and forestry tractors
      Shafts with universal joints .
2.    Nobile machinery for underground mining and other extractive industries
      ( a ) mobile machinery working on rails : locomotives and brake wagons
      ( b)  internai combustion engines
      (c )  hydraulic powered roof supports .
 ---pagebreak---                                        - 58 -
ANNEX V
                              Déclaration of conformity
1 . The EC declaration of conformity is the instrument by means of which an
    authorized person representing the manufacturer , or his representative
                                   1
    established in the Community , declares that the mobile machinery being
    placed on the market complies with all the essential safety requirements
    applying to it .
2 . The EC declaration of conformity authorizes the manufacturer , or his
    authorized representative in the Community , to affix the EC mark to mobile
    machinery .
3 . Before drawing up the EC declaration of conformity , the manufacturer , or ^
    his authorized representative in the Community , must have ensured and be
    able to guarantee that the documentation listed below is and will remain
    available on his premises for the purposes of any inspection :
    (a)  a technical construction dossier comprising :
         - an overall drawing of the mobile machinery together with drawings of
           the control circuits ;
         - full detailed drawings , accompanied by any calculation notes ; test
           results , etc . required to manufacture the mobile machinery ;
1
   See also Article 8 paragraph 4 .
 ---pagebreak---                                       59 -
      - a List of
        . the essential requirements of this Directive ,
         . other texts of regulations , and
        . standards
      which were used when the mobile machinery was designed
      - a description of the methods adopted to eliminate hazards presented
        by the mobile machinery ;
      - if so desired , any technical report or certificate obtained from a
        competent body ;
      - a copy of the instruction handbook for the mobile machinery .
(b)   For series manufacture , the internal measures that will be implemented
      to ensure that the machinery remains in conformity with the provisions
      of the Directive .
4(a ) The documentation referred to at 3(a ) and ( b ) above need not
      permanently exist in a material manner but it must be possible to
      assemble it and make it available within a period of time commensurate
      with its importance .
      It need not include detailed plans or any other specific information
      as regards the subassemblies used for the manufacture of the mobile
      machinery unless a knowledge of them is essential for verification of
      conformity with the essential safety requirements .
(b)   The documentation referred to at 3(a ) and ( b ) above must be retained
      and kept available for the competent national authorities under
      Article 23 for at least ten years following the date of manufacture of
      the mobile machinery or of the last unit produced in the case of
      series manufacture .
 ---pagebreak---                                 - 60 -
(c) Where the competent national authorities under Article 2 consider that
    mobile machinery with an EC certificate of conformity and bearing the
    EC mark does not conform to the requirements of this Directive , they
    may consult the documentation kept available for them . Failure to
    present the documentation may constitute sufficient grounds for
    doubting the presumption of conformity with the requirements of the
    Directive .
(d) The documentation referred to at 3(a ) and ( b ) above must be drawn up
    in one of the official languages of the Community .
 ---pagebreak---                                          61
                                                      \
ANNEX VI
                                 EC type examination
1 . EC type examination is the procedure by which an approved inspection body
    ascertains and certifies that an example of mobile machinery satisfies the
    provisions of this Directive which apply to it .
2 . EC type-examination is applied for by the manufacturer or his authorized
    representative established in the Community , with a single approved
    inspection body , in respect of an example of the mobile machinery .
    The application should include :
    - the name and address of the manufacturer or his authorized representative
      and the place of manufacturer of the machinery ;
    - a technical construction dossier comprising at least :
      . an overall drawing of the mobile machinery together with drawings of
        the control circuits ;
      . full detailed drawings , accompanied by any calculation notes , test
        results , etc . required to manufacture the machinery ;
      . a description of methods adopted to eliminate hazards presented by the
        mobile machinery ;
      . a copy of the instruction handbook for the machinery ;
 ---pagebreak---                                         - 62 -
      . for series manufacture , the internal measures that will be implemented
          to ensure that the mobile machinery remains in conformity with the
          provisions of the Directive .
    It must be accompanied by a mobile machine representative of the planned
    production or , where appropriate , an indication of the place where the
    machinery can be examined .
    The documentation referred to above need not include detailed drawings or
    any other specific information as regards subassemblies used in the
    manufacture of mobile machinery unless a knowledge of them is essential for
    verification of conformity with the essential safety requirements .
3 . The notified body must carry out the EC type examination as described
    below :
    - It examines the technical construction dossier to check its
      appropriateness and the mobile machinery supplied or made available .
    - During the examination of the mobile machinery, the body must :
      ( a ) ensure that it has been manufactured in conformity with the technical
            construction dossier and may safely be used under its intended
            working conditions ;
      ( b ) check that where standards have been used , they have been used
            correctly ;
      ( c ) perform appropriate examinations and tests to check that the mobile
            machinery complies with the essential requirements applicable to it .
4 . If the example complies with the provisions applicable to it the body must
    issue an EC type~examination certificate and forward it to the applicant .
    The certificate sets out the conclusions of the examination , indicates any
    conditions to which its issue may be subject and includes any descriptions
    and drawings necessary to identify the approved pattern .
 ---pagebreak---                                         63 -
    The Commission , Member States and the other approved bodies may obtain a
    copy of the certificate and , on a reasoned request , a copy of the technical
    construction dossier and the reports on the examinations and tests carried
    out .
5 . The manufacturer or his authorized representative established in the
    Community must inform the notified body of all changes , even minor ones ,
    which he has made or plans to make to the pattern of machinery concerned .
    The notified body examines the changes and informs the manufacturer or his
    authorized representative established in the Community as to whether the
    type-approval certificate is still valid .
6 . A body which refuses to issue an EC type-examination certificate must so
    inform the other approved bodies .  A body which withdraws an EC
    type-examination certificate must so inform the Member State which approved
    it .  The latter must inform the other Member States and the Commission
    thereof , giving the reasons for the decision .
7 . The dossiers and correspondence referring to the EC type-examination
    procedures must be drawn up in an official language of the Member State in
    which the approved body is established or in a language acceptable to it .
 ---pagebreak---                                        - 64 -
ANNEX VII
           Minimum criteria to be taken into account by Member States
                         when appointing inspection bodies
1 . The inspection body , its director and the staff responsible for carrying
    out the verification tests may not be the designer , manufacturer , supplier
    or installer of machinery which they inspect , nor the authorized
    representative of any of those parties . They may not become directly
    involved in the design , construction , marketing or maintenance of the
    machinery . This does not preclude the possibility of exchanges of
    technical information between the manufacturer and the inspection body .
2 . The inspection body and its staff shall carry out the verification tests
    with the highest degree of professional integrity and technical competence
    and shall be free from all pressures and inducements , particularly
    financial , which might influence their judgment or the results of the
    inspection , especially from persons or groups of persons with an interest
    in the result of verifications .
3 . The inspection body shall have at its disposal the necessary staff and
    possess the necessary facilities to enable it to perform properly the
    administrative and technical tasks connected with verification ; it shall
    also have access to the equipment required for special verification .
4 . The staff responsible for inspection shall have :
    - a sound technical and professional training ,
    - a satisfactory knowledge of the requirements of the tests they carry out
      and adequate experience of such tests ,
    - the ability to draw up the certificates , records and reports required to
      authenticate the performance of the tests .
 ---pagebreak---                                          - 65 -
5 . The impartiality of inspection staff shall be guaranteed . Their
    remuneration shall not depend on the number of tests carried out or on the
    results of such tests .
6 . The inspection body shall take out liability insurance unless its liability
    is assumed by the State in accordance with national law , or the Member
    State itself is directly responsible for the tests .
7 . The staff of the inspection body shall be bound to observe professional
    secrecy with regard to all information gained in carrying out its tasks
    ( except vis - a -vis the competent administrative authorities of the State in
    which its activities are carried out ) under this Directive or any provision
    of national law giving effect to it .
 ---pagebreak---                                      - 66 -
                               FINANCIAL MEMORANDUM
   on the proposal for a Council Directive on the approximation of the laws of
                  the Member States relating to mobile machinery
1.    Introduction
The proposal for a Directive relating to mobile machinery sets out the
essential safety requirements with which mobile 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 . Mobile machinery manufactured in accordance with these
standards is presumed to comply with the relevant essential health and safety
requirements of the Directive .
As with other New Approach Directives 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 mobile 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 , and is at
present studying a proposal from the ESC on the matter .
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 .
Any figures can only be rough estimates as the planning work for European
standardization is in progress .
 ---pagebreak---                                        - 67 -
  2.   Budget lines affected
       Article 775        Community activities 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
                                     1
       harmonization and standards .
  3.2  Directive to be adopted by the Council on the approximation of the laws
       of the Member States relating to mobile machinery .
  3.3  Communication from the Commission on its programme in the field of
       safety , hygiene and health at work .
  4.   Proposed classification
       Non-compulsory expenditure .
1
   0J no. C 136, 4.6.1985 .
 ---pagebreak---                                      - 68 -
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 health and safety
    requirements of the mobile 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 mobile machinery users . •
5.2 Parties concerned
    In accordance with the Council resolution of 7 May 1985 standardization
    work is not the Commission 's responsibi l ity 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 .
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 .
 ---pagebreak---                                   - 69 -
    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 .
7.  Financial impact of the activity on operating appropriations
7.1 Schedule of commitment and payment appropriations :
    ( item 7750 )
                                         CAS ( ECU )       PAS ( ECU )
           1989                          1 000 000           500 000
           1990                          1 000 000         1 000 000
           1991                          2 000 000         1 000 000
           1992                          1 000 000         1 000 000
           1993                          P·. m.            1 500 000
                                         5 000 000         5 000 000
 ---pagebreak---                                    - 70 -
    ( item 6482 )
                                          CAs ( ECU )       PAs ( ECU )
           1989                             300 000           300 000
           1990                             300 000           300 000
           1991                             300 000           300 000
           1992                             300 000           300 000
           1993                             300 000           300 000
                                          1 500 000         1 500 000
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
    No ne
 ---pagebreak---                                        71
9.   Financial impact of the activity on the staff and administrative
     appropriations
9.1  Staff required to work solely on this activity
     This activity a' o includes the work of managing the mobile machinery
     Directive which will require substantial full-time assistance from the
     relevant Commission departments ( DG III and DG V ).
     From 1989 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 .
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---     FICHE D' IMPACT SUR LA COMPETITIVITE                 ET L' EMPLOI
Quelle est      la  Just I f I ca t lon Drinclpale de        la mesure ?
  La   fabrication      de machines         représente un        noyau    Important
  de     l' économie       communautaire ;          les     machines       mobiles ,
  utilisées dans des secteurs               Importants de cette économie à
  savoir     l' agriculture ,       la sylviculture et          la construction ,
  y compte pour une part             Importante .
  Or ,   dans      les    divers       Etats     Membres       les    législations
  nationales dans         le domaine des machines mobiles divergent
  considérablement tant en matière de sécurité qu' en matière
  ae certification .         En outre ,     des spécifications          techniques
  obligatoires         de      facto     et    des      normes ,     en    principe
  volontaires ,        mais      dont      leur     respect       constitue      une
  condition préalable réelle pour la mise sur le marché ,
  sont souvent Incompatibles entre les différents pays de la
  Communauté .         Cette         disparité          gêne       le      commerce
  Intracommunautaire en entraînant des entraves techniques à
  la   libre    circulation        de marchandises        à   l' Intérieur    de  la
  Communauté       s' opposant        ainsi    à    l' achèvement       du   Marché
  Intérieur .
  La présente proposition de directive cherche à assurer la
  libre mise sur        le marché ainsi         que    la mise en service des
  machines mobiles répondant aux                  exigences essentielles de
  sécurité et de santé' qu' elle a établi et qui doivent être
  dûment attestées .
 ---pagebreak---                                      - fi -
Caractér I st I gués des entrepr I ses concernées .
 E n partlcul 1er :
 Y a - t - ll un grand nombre de PME ?
   De grandes sociétés comprenant plusieurs multinationales
   représentent la majorité de la construction de machines
   mobiles       utilisées       dans     le  secteur      de  la     construction .
   L' équipement pour les mines est également très spécialisé .
   Cependant des sociétés de toutes dimensions sont Impliquées
   dans      les    différentes         Industries     avec    des     sociétés     de
   dimensions petites et moyennes Jouant un rôle                       Important en
   particulier . pour          la    fabrication      des   machines       mobiles    à
   usage agricole et forestier (à l' exception des tracteurs ).
 Note - t - on des concentrations dans des réglons :
 - éligibles aux aides régionales des E.M. ?
    Non .
 - ôl ! g S b ! es au Fader ?
    Non .
    Que II es     sont    I es    obligations      I mposées     d I rectement     aux
    entrepr I ses      ?
    A partir de la date de mise en vigueur de la présente
    directive , toutes les machines mobiles visées devront être
    conçues ,      construites       et   équipées    de   façon    telle    qu' elles
    satisfassent aux dispositions de                 la directive . Chacune des
    machines mobiles           fabriquées      devra être     accompagnée d' une
    déclaration CE de conformité                et munie de      la marque CE . Un
    très     grand    effort      s' imposera    aux    fabricants      de   machines
    mobiles       pour   que     leur    production      puisse    satisfaire      aux
    exigences essentielles de sécurité et de santé . En effet ,
    beaucoup de modèles existants devront être revus pour
    tenir     compte de      la philosophie de          la directive ,       c' est-à -
    dire     l' intégration de la sécurité dès la conception de la
    machine .
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IV .    Que Iles sont         I es obi 1 gat Ions suscept I b I es d' être  I mposées
        I nd I rectement aux entreprises v I a          les autor I tés   locales ?
        L' application de           la directive dans chaque Etat Membre se
        réalise par         la transposition de ses dispositions au niveau
        de la législation nationale . Les autorités régionales ou
        locales peuvent faire valoir des obligations add 1 1 1 one I I es
        seulement       si    celles-ci     n' Impllquent   pas   d'e modifications
        de ces machines mobiles par              rapport aux    dispositions de     la
        directive         et     notamment     aux  exigences      essentielles    de
      . sécurité et        de santé .
V.      Y a -t - 1 I des mesures spéciales pour           I es PME ?
                                             *
        Non .
VI .    Que I est     I ' effet prévisible ?
        "- sur   la compétitivité des entreprises ?
        Le coût supplémentaire de mise en conformité                        avec    la
        directive peut être estimé comme suit :
        Pour     les     grosses      sociétés ,   ainsi   que    les   sociétés   de
        taille      moyenne        mais   vendant    dans   plusieurs     pays ,  qui
        représentent environ 80% de la production ,                         le coût
        supplémentaire peut être considéré comme négligeable . Par
        contre la mise sur            le marché d' un modèle unique de machine
        mobile munie de la marque CE conduira à une diminution des
        coûts de fabrication et de commercialisation . Le gain de
        productivité lié à l' effet d' échelle peut être estimé
        ( d' après " 1992 : la nouvelle économie européenne ", étude
        de Michael Emerson ) à plus de 5% du coût des machines et ,
        en tout état de cause , nettement supérieur au coût
     . supplémentaire de mise en conformité .
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      Pour     les petites sociétés fabricant du               matériel agricole
      dans     un cadre régional , le gain dû à                l' effet d' échelle
      n' existe pas . Il est difficile d' évaluer le coût de mise en
      conformité car ces sociétés ne font pas partie , en général ,
      des organisations professionnelles consultées . Selon l' état
      des réglementations ,            et  leur  respect pratique ,    dans chaque
      état membre , ce coût pourra varier de 3 à 10% . "
        - sur     I ' emp loi ?
      . La    diminution         des    coûts   de   commercialisation      devrait
        conduire à une amélioration générale de                  la compétitivité
        des entreprises européennes de machines mobiles et donc ,
        on peut espérer un effet favorable sur                       le marché du
        travail .
VII .   Les partena I res sociaux on t - I I s été consul tés ? Ou I .
        -  cv ! s   JCJ   parîàiialrsj    sociaux
        Les       partenaires         sociaux ,    notamment      OECE   pour     les
        fabricants d' équipements pour             la construction et CEMA pour
        les machines           mobiles agricoles et          forestières et         la
        Confédération          Européenne des Syndicats , CES , pour              les
        syndicats ouvriers ,           ont participé de    façon active au sein
        du     groupe        d' experts      contribuant    directement       à     la
        préparation de la présente proposition de directive . Leurs
        observations ont           été essentiellement     techniques     sur   telle
        ou telle exigence . Sur le plan économique , elles attendent
        avec    Impatience       la directive .
        Le groupe ad-hoc Machines du Comité Consultatif pour la
        sécurité , l' hygiène et la protection de la santé sur les
        lieux de travail a étudié la proposition et a formulé un
        avis favorable . Une délégation de ce groupe ad-hoc a
        participé aux travaux du' groupe d' experts . Le Comité
        Consultatif        est   actuellement     consulté  et   son avis devrait
        être émis prochainement .
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L' Organe permanent pour  la santé et la salubrité dans  les
mines   de  houille  et   autres  activités  extractives   a
également été consulté et a estimé que les machines
mobiles pour l' industrie minière pourraient faire partie
Intégrante du champ d' application de la proposition .