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P5_TA(2002)0362

REPORT     ***I
PDF 370kWORD 91k
4 June 2002
PE 301.518 A5-0216/2002
on the proposal for directive of the European Parliament and of the Council on machinery and amending Directive 95/16/EC
(COM(2000) 899 – C5‑0035/2001 – 2001/0004(COD))
Committee on Legal Affairs and the Internal Market
Rapporteur: Rainer Wieland
PROCEDURAL PAGE
 LEGISLATIVE PROPOSAL
 DRAFT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 OPINION OF THE COMMITTEE ON EMPLOYMENT AND SOCIAL AFFAIRS
 OPINION OF THE COMMITTEE ON THE ENVIRONMENT, PUBLIC HEALTH AND CONSUMER POLICY

PROCEDURAL PAGE

By letter of 26 January 2001 the Commission submitted to Parliament, pursuant to Article 251(2) and Article 95 of the EC Treaty, the proposal for a directive of the European Parliament and of the Council on machinery and amending Directive 95/16/EC (COM(2000) 899 - 2001/0004 (COD)).

At the sitting of 12 February 2001 the President of Parliament announced that she had referred this proposal to the Committee on Legal Affairs and the Internal Market as the committee responsible and the Committee on Employment and Social Affairs, the Committee on the Environment, Public Health and Consumer Policy and the Committee on Industry, External Trade, Research and Energy for their opinions (C5-0035/2001).

The Committee on Legal Affairs and the Internal Market appointed Rainer Wieland rapporteur at its meeting of 27 February 2001.

It considered the Commission proposal and draft report at its meetings of 21 June 2001, 25 June 2001, 10 October 2001, 22 October 2001, 6 November 2001, 21 November 2001, 18 December 2001, 23 January 2002 and 28 May 2002.

At the last meeting it adopted the draft legislative resolution unanimously.

The following were present for the vote: Giuseppe Gargani, chairman; Willi Rothley and Bill Miller, vice-chairmen; Rainer Wieland, rapporteur; Paolo Bartolozzi, Philip Charles Bradbourn, Maria Berger, Carlos Carnero González (for François Zimeray pursuant to Rule 153(2)), Bert Doorn, Janelly Fourtou, Marie-Françoise Garaud, Evelyne Gebhardt, Fiorella Ghilardotti, José María Gil-Robles Gil-Delgado, Malcolm Harbour, Othmar Karas, Piia-Noora Kauppi, Kurt Lechner, Klaus-Heiner Lehne, Neil MacCormick, Toine Manders, Helmuth Markov (for Alain Krivine pursuant to Rule 153(2)), Arlene McCarthy, Manuel Medina Ortega, Elena Ornella Paciotti, Astrid Thors, Marianne L.P. Thyssen and Joachim Wuermeling.

The opinions of the Committee on Employment and Social Affairs and the Committee on the Environment, Public Health and Consumer Policy are attached; Committee on Industry, External Trade, Research and Energy decided on 21 March 2001 not to deliver an opinion.

The report was tabled on 4 June 2002.

The deadline for tabling amendments will be indicated in the draft agenda for the relevant part-session.


LEGISLATIVE PROPOSAL

Proposal for a directive of the European Parliament and of the Council on machinery and amending Directive 95/16/EC (COM(2000) 899 – C5‑0035/2001 – 2001/0004(COD))

The proposal is amended as follows:

Text proposed by the Commission (1)   Amendments by Parliament
Amendment 1
Recital 2

(2)   The machinery sector is an important part of the engineering industry and is one of the industrial mainstays of the Community economy. The social cost of the large number of accidents caused directly by the use of machinery can be reduced by inherently safe design and construction of machinery and by proper installation and maintenance.

(2)   The machinery sector is an important part of the engineering industry and is one of the industrial mainstays of the Community economy. The social cost of the large number of accidents caused directly by the use of machinery can be reduced by inherently safe design and construction of machinery and by proper installation and maintenance. Moreover, environmental performance can be improved, in particular in terms of reducing energy consumption, dangerous substances, waste and emissions.

Justification

Self-explanatory.

Amendment 2
Recital 5 a (new)
 

This directive applies to machinery and assemblies of machinery installed on industrial sites, an assembly of machinery being arranged and controlled so that it functions as an integral whole. The directive does not apply to industrial sites taken as a whole themselves.

Justification

Defining the scope more precisely.

Amendment 3
Recital 5 b (new)
 

(5b)   Medical devices do not fall within the scope of this directive, although they may be included in the definition of 'machinery'. They are governed by the comprehensive provisions laid down in Council Directive 93/42/EEC of 14 June 1993, as amended, and in European Parliament and Council Directive 98/79/EC of 27 October 1998 on in vitro diagnostic medical devices.

Justification

Defining the scope more precisely.

Amendment 4
Recital 5 c (new)
 

(5c)   If parties with obligations under this directive come to the conclusion, after carrying out the required assessment, that machinery poses no risk to safety and health, they should be permitted, wholly or in part, not to apply the provisions of the directive. If such parties come to the conclusion that the machinery presents even a very small risk, the provisions of the directive must be applied.

Justification

Self-explanatory.

Amendment 5
Recital 7 a (new)
 

(7a)   Specific equipment for use in fairgrounds and amusement parks has to date, as a result of different technical requirements, not come within the scope of this directive. However, it should be noted that, in the case of such equipment, in contrast to other machinery excluded from the scope of the directive as listed in Article 1(2), there is no specific Community legislation which takes adequate account of the safety needs of those using the equipment. The Commission is therefore called upon either to propose that specific equipment for use in fairgrounds and amusement parks be included within the scope of this directive and, in this connection, to define essential safety requirements for this category of machinery, or to submit as soon as possible an individual directive laying down essential health and safety requirements for specific equipment for use in fairgrounds and amusement parks.

Justification

The Commission already discussed a draft text of a directive on specific equipment for use in fairgrounds and amusement parks with those concerned some ten years ago. However, this initiative was halted by the Member States at their summit in Edinburgh in 1992; they gave the argument that rules in this area should be laid down at national level in accordance with the subsidiarity principle. No action has, though, been taken by the majority of Member States.

Amendment 6
Recital 17

(17)   The CE marking should be fully recognised as being the only marking which guarantees that the machinery conforms to the requirements of this Directive. All other markings which are liable to mislead third parties as to the meaning or the form of the CE marking should be prohibited.

(17)   The CE marking should be fully recognised by the Member States as being the only official marking which certifies that the machinery conforms to the requirements of this Directive. All other markings which are liable to mislead third parties as to the meaning or the form of the CE marking should be prohibited.

Amendment 7
Recital 17a (new)
 

(17a)   It is recognised that, in a competitive market, voluntary certification and marking schemes developed by consumer organisations, manufacturers, operators and other industry actors contribute to quality and are a useful means of improving consumers' confidence in products.

Amendment 8
Recital 17b (new)
 

(17b)   Member States may support voluntary certification and marking schemes compatible with the competition rules laid down by the Treaty provided that such schemes do not duplicate the essential requirements already covered by the CE marking.

Amendment 9
Recital 22

(22)   In accordance with Article 2 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission1, measures for the implementation of this Directive should be adopted by use of the advisory procedure provided for in Article 3 of that Decision or by use of the regulatory procedure provided for in Article 5 of that Decision, as appropriate.

1OJ L 184, 17.7.1999, p. 23.

(22)   In the interests of safeguarding Parliament’s legislative role in the development of legislation in this area, it is not acceptable that the Commission should be granted – under the heading of merely bringing up to date – extensive powers even simply to update provisions where matters of substantive law are concerned;

 

A further extremely regrettable development is the whole pervasive business of ‘guides’. The trend towards interpreting legal standards in a legally binding manner does not reflect the role accorded to the Commission in the European Union’s legislative system.

Justification

Self-explanatory.

Amendment 10
Recital 24 a (new)
 

(24a)   The Commission is called upon to clarify whether, for high‑voltage devices and equipment excluded from the scope of the machinery directive pursuant to Article 1(2)(k), a separate directive is to be prepared laying down essential requirements geared to such devices and equipment, taking account of the particular conditions of use for such products.

Justification

Self-explanatory.

Amendment 11
Recital 24 b (new)
 

(24b)   It would undoubtedly make legislation more transparent with respect to CE markings if uniform provisions governing all aspects relevant and important to CE markings in general, such as the form of the marking, implications of affixing the marking, declaration of conformity procedure, risk categories, market surveillance, etc., were laid down in a horizontal EC directive.

Justification

Self-explanatory.

Amendment 12
Recital 24 c (new)
 

(24c)   Knowledge of problems associated with old machinery could permit substantial improvements in the area of safety.

Justification

Self-explanatory.

Amendment 13
Recital 24 d (new)
 

(24d)   In the interests of transparent legislation, the EU must in future ensure that consolidated versions of legal acts are published.

Justification

Self-explanatory.

Amendment 14
Article 1, Scope

1.   This Directive applies to:


(a)   the products defined in points (a) to (i) of the second paragraph of Article 2;


(b)    vehicles designed and built to carry out work other than just the transport of persons and used in airports and in the mineral extraction industry.

1.   This Directive applies to the following products as defined in Article 2:

(a)   machinery*;

 

(b)   interchangeable equipment;

(c)   safety components;

(d)   lifting accessories;

(e)   removable mechanical transmission devices;

2.   The following are excluded from the scope of this Directive:


(a)   components, including safety components, or equipment, including interchangeable equipment, intended to be used as spare parts to replace identical components or equipment supplied by the manufacturer of the original machinery or by a third party in accordance with the manufacturer's instructions;

2.   The following are excluded from the scope of this Directive:

(a)   safety components intended to be used as spare parts to replace identical components supplied by the manufacturer of the original machinery;

(b)   specific equipment for use in fairgrounds and amusement parks;

(b)   specific equipment for use in fairgrounds and amusement parks;

(c)   machinery specially designed or put into service for nuclear purposes which, in the event of failure, may result in an emission of radioactivity;

(c)   machinery specially designed or put into service for nuclear purposes which, in the event of failure, may result in an emission of radioactivity;

(d)   firearms;

(d)   firearms;

(e)   means of transport, including trailers;

(e)   means of transport, i.e. vehicles and their trailers, intended for transporting passengers and goods solely on public networks, with the exception of machinery mounted thereon. This shall apply in particular to:

-   agricultural and forestry tractors and their trailers within the meaning of Directive 74/150/EEC;

-   motor vehicles and their trailers within the meaning of Directive 70/156/EEC, with the exception of machinery mounted thereon;

-   two- or three-wheel motor vehicles and their trailers within the meaning of Directive 92/61/EEC, with the exception of machinery mounted thereon;

-   vehicles for use in competitions;

-   vehicles used in airports and in the mineral extraction industry which are designed and built solely to transport persons or which are similar in construction to vehicles intended for use on public networks;

(f)   mobile offshore units and machinery covered by this Directive installed on board such units;


(g)   machines specially designed and constructed for military or police purposes;


(h)   mine winding gear;

(f)   seagoing vessels and mobile offshore units and machinery covered by this Directive installed on board such units;

(g)   machines specially designed and constructed for military or police purposes;


(h)   mine winding gear;

(i)   theatre elevators for persons;

(i)   machinery intended to move performers during artistic performances;

(j)   products falling into the following areas:

(j)   electrical and electronic products falling into the following areas, if and in so far as they are covered by the Low Voltage Directive:

(i)   household appliances,

(ii)   audio and video equipment,
(iii) information technology equipment,

(i)   household appliances,
(ii) audio and video equipment,
(iii) information technology equipment,

(k)   the following types of high-voltage electrical equipment:

(k)   the following types of high-voltage electrical equipment:

(i)   switch gear and control gear,


(ii)   transformers;

(i)   switch gear and control gear,

(ii)   transformers;

(l)   motors of all types;

(l)   motors of all types, if and in so far as they do not pose any mechanical hazards;

(m)   industrial sites taken as a whole, such as petrochemical plants or heat or power stations;

(m)   industrial sites taken as a whole; however, products under Article 1(1) intended to be installed on such sites shall not be covered by this exclusion;

(n)   medical devices.

(n)   medical devices.

 

(o)   Machines which owing to their shape, size, function, purpose and to the energy stored within them or used by them cannot pose any hazard.

Justification

This amendment clarifies a few points of the Commission proposal which are self-evident from the text. The addition of sub-paragraph (o) is intended to exclude machines such as clocks.

Amendment 15
Article 2

For the purposes of this Directive, "machinery" means the products defined in points (a) to (h) of this Article, and the vehicles referred to in point (b) of Article 1(1).

For the purposes of this Directive, "machinery" means the products defined in points (a) to (g) of this Article.

The following definitions shall apply:

The following definitions shall apply:

(a)   "machinery stricto sensu":

(a)   "machinery": an assembly, fitted with or intended to be fitted with a drive system other than directly applied muscular effort, consisting of linked parts or components, at least one of which moves. This includes devices for the actuation, control, adjustment and powering of machines. The term ‘machinery’ also covers lifting apparatus whose only power source is directly applied muscular effort;

 

(aa)   "complete machinery": machinery which, in order to be used for its intended purpose, requires only to be installed, mounted or connected to the power supply in accordance with the instructions,

 

(bb)   "partly completed machinery": means an assembly which have no defined application and cannot in itself perform a specific function, being intended to be incorporated into or assembled with one or more machines or other partly completed machinery, thereby forming a single machine to which this directive applies;

 

(cc)   "assembly of machinery" means an assembly of machinery and/or of partly completed machinery which, in order to achieve the same end, are arranged and controlled so that they function as an integral whole;

(i)    an assembly, fitted with or intended to be fitted with a drive system other than directly applied manual or animal effort, consisting of linked parts or components, at least one of which moves, and which are joined together for a specific application,

 

(ii)   machinery referred to in (i), missing only the components to connect it on site or to sources of energy and motion,

 

(iii)   machinery referred to in (i), ready to be installed and able to function as it stands only if mounted on a vehicle or installed in a building or a structure,

 

(iv)   lifting apparatus whose only power source is directly applied manual effort;

 

(b)   "assembly of machinery" means an assembly of machinery and/or of partly completed machinery which, in order to achieve the same end, are arranged and controlled so that they function as an integral whole;

 

(c)   "interchangeable equipment" means a device which, after the placing into service of machinery or of a tractor, is assembled with that machinery or tractor by the operator himself in order to change its function or attribute a new function in so far as this equipment is not a spare part or a tool;

(b)   "interchangeable equipment" means a device which, after the placing into service of machinery or of a tractor, is intended to be assembled with that machinery or tractor by the operator in order to change its function or attribute a new function in so far as this equipment is not a spare part or a tool;

(d)    "safety component" means a component included in the list below which is independently placed on the market in order to be installed on machinery already in use or on second-hand machinery:

(c)    "safety component" means a component

 

-   which serves to fulfil a safety function and

 

-   which is independently placed on the market and

 

-   the failure or malfunctioning of which endangers the safety of persons in the danger zone of the machinery and

 

-   which is not necessary in order for the machinery to function, or for which normal components may be substituted in order for the machinery to function;

(i)   components referred to in points 19 and 20 of Annex IV,

 

(ii)   safety logic units for an emergency stop or movable guard control circuit,

 

(iii)   solenoid valves controlling dangerous movements of machinery,

 

(iv)   smoke and dust extraction systems for machinery,

 

(v)   guards and protection devices and their locking mechanisms for machinery,

 

(vi)   control devices for calling lifting appliances and anti-fall devices for hoists,

 

(vii)   devices for preventing lifting appliances from colliding,

 

(viii) safety belts and seat harnesses,

 

(ix)   non-return valves for installation on hydraulic circuits,

 

(x)   guards for removable mechanical transmission devices;

 

(e)    "lifting accessory" means a component or equipment not attached to the lifting machinery, allowing the load to be held, and placed between the machinery and the load or on the load itself, or constituting an integral part of the load; slings and their components are also regarded as lifting accessories;

(d)    "lifting accessory" means a component or equipment not attached to the lifting machinery, allowing the load to be held, which is placed between the machinery and the load or on the load itself, or which is intended to constitute an integral part of the load and which is independently placed on the market; slings and their components are also regarded as lifting accessories;

(f)    "removable mechanical transmission device" means a removable component for transmitting power between a self-propelled machine or a tractor and another machine by joining them at the first fixed bearing. At least one of these two machines must be mobile;

(e)    "removable mechanical transmission device" means a removable component for transmitting power between a self-propelled machine or a tractor and another machine by joining them at the first fixed bearing. At least one of these two machines must be mobile;

(g)    "guard for a removable mechanical transmission device" means a device protecting persons exposed from the risk of being dragged along by a removable transmission mechanical device;

(f)    "guard for a removable mechanical transmission device" means a device protecting persons exposed from the risk of being dragged along by a removable transmission mechanical device;

(h)    "portable cartridge-operated device" means a portable device intended for industrial or technical use making use of an explosive charge in the form of a cartridge, for the purposes of:

(g)    "portable cartridge-operated device" means a portable device intended for industrial or technical use* making use of an explosive charge in the form of a cartridge, whereby energy is transmitted from the cartridge to the projectile via an intermediary component and not by direct action, for the purposes of:

 
* Translator's note: amendment in German does not appear to affect English version

(i)   fixing a metal part in a material, or

(i)   fixing a metal part in a material, or

(ii)   slaughtering animals, or

(ii)   slaughtering animals, or

(iii)   marking an object by cold engraving, or

(iii)   marking an object by cold engraving, or

(iv)   crimping cables;

(iv)   crimping cables;

(i)   "partly completed machinery" means an assembly, fitted or intended to be fitted with a drive system, of linked parts or mechanical components which are almost a machine but which cannot themselves perform a specific application. Partly completed machinery is intended to be incorporated into or assembled with one or more machines or other partly completed machinery, thereby forming a single machine to which this Directive applies;

 

(j)    "placing on the market" means making available for the first time in the Community machinery intended for an end user, whether for reward or free of charge;

(h)    "manufacturer" means any natural or legal person who is responsible for the design or manufacture of machinery covered by this Directive, whether for commercial purposes or for his own use, or under whose name or trademark the machinery is placed on the market within the scope of this directive. Except where otherwise expressly stated by this directive, the manufacturer may also be:

 

(aa)   a person who, under his name or trademark, takes responsibility for the conformity to this Directive of machinery covered by this Directive;

 

(bb)   a manufacturer’s authorised representative;

 

(cc)   the person placing machinery on the market.

(k)    "manufacturer" means any natural or legal person who designs or manufactures machinery covered by this Directive, with a view to placing it on the market, under his own name or trademark. The manufacturer may also be:

(i)    "placing on the market" means making available for the first time, whether for reward or free of charge, machinery covered by this directive for distribution, use or incorporation within the Community;

(i)   any natural or legal person who designs or manufactures a machine covered by this Directive, or who has such a machine designed or manufactured, for his own use,

 

(ii)   any natural or legal person who, when a machine covered by this Directive is placed on the market or put into service, is responsible for its conformity to this Directive;*

 

Justification

Amendment 16
Article 3, paragraph 2

2.   In the case of machinery intended to be used by a consumer, as regards the provisions intended to protect health and safety which are not covered either by this Directive or by other specific Community texts, the provisions of Council Directive 92/59/EEC shall apply.

Deleted

Justification

It is advisable to delete paragraph 2, as the use of machinery by non-professional operators should be finally governed by the provisions of Directive 92/59/EEC.

Amendment 17
Article 5

1.   Before placing a machine on the market and/or putting it into service, the manufacturer or his authorised representative must ensure that:

1.   Before placing a machine on the market and/or putting it into service, the manufacturer must:

(a)   it satisfies the essential health and safety requirements set out in Annex I;

(a)   ensure that it satisfies the essential health and safety requirements set out in Annex I;

(b)   the conformity assessment procedures referred to in Article 12 have been completed.

(b)   carry out the appropriate conformity assessment procedure under Article 12;

(c)   draw up the declaration of conformity in accordance with Annex II A and attach it with the machine;

(d)   affix the CE marking in accordance with Article 16, and

(e)   provide, in particular, the necessary information, such as instructions.

2.   Before placing partly completed machinery on the market, the manufacturer or his authorised representative must ensure that the procedures referred to in Article 13 have been completed.

2.   Before placing partly completed machinery on the market or making partly completed machinery available to another manufacturer, its manufacturer must

(a)   ensure that the partly completed machinery satisfies the essential health and safety requirements set out in Annex I in respect of hazards that can no longer be influenced by the completion of the machinery;

(b)   draw up a declaration of incorporation and assembly instruction and attach them with the partly completed machinery, and

(c)   supply the information required by the manufacturer of the complete machine in order to carry out the conformity assessment procedure and draw up the instructions .

3.    For the purposes of the procedure referred to in Article 12, the manufacturer or his authorised representative must have, or have access to, the necessary means of ensuring that the machine satisfies the essential health and safety requirements set out in Annex I.

3.   If the manufacturer is not established in the Community, the obligations under paragraphs 1 and 2 shall be incumbent on the importer.

4.   Where machinery is also the subject of other Community Directives relating to other aspects and providing for the affixing of the CE marking, the latter shall indicate that the machinery also conforms to the provisions of those other Directives.


However, where one or more of those Directives allow the manufacturer or his authorised representative to choose, during a transitional period, the system to be applied, the CE marking shall indicate conformity only to the provisions of those Directives applied by the manufacturer or his authorised representative.

Particulars of the Directives applied, as published in the Official Journal of the European Communities, must be given on the EC declaration of conformity which accompanies the machine.

 

Justification

The amendment is intended to clarify the requirements which the provisions entail. Paragraph 4 is deleted, as the content of the declaration of conformity is set out in Annex II A (5).

Amendment 18
Article 6, paragraph 1
Freedom of movement

1.   Member States may not prohibit, restrict or impede the placing on the market and/or putting into service in their territory of machinery which complies with this Directive in respect of the risks which it covers.

1.   Member States may not prohibit, restrict or impede the placing on the market and/or putting into service in their territory of machinery which complies with this Directive.

Justification

The qualification is unnecessary, as the possibilities of qualification resulting from the Treaty itself in any case take precedence over the directive. The wording should therefore be as clear and simple as possible.

Amendment 19
Article 7, paragraph 2

2.   Machinery manufactured in conformity with a harmonised standard, the references to which have been published in the Official Journal of the European Communities, shall be presumed to comply with the essential health and safety requirements covered by such harmonised standard.

2.   Machinery manufactured in conformity with harmonised standards, the references to which have been published in the Official Journal of the European Communities, shall be presumed to comply with the essential health and safety requirements covered by such harmonised standards.

Justification

Simplifies the text.

Amendment 20
Article 8
Specific measures

1.   The Commission may, acting in accordance with the procedure referred to in Article 22(3), take any appropriate measure to implement the provisions relating to the following points:

(a)   updating of the list of safety components referred to in point (d) of the second paragraph of Article 2;


(b)   arrangements for cooperation between Member States provided for in Article 19;


(c)   updating of the list of machinery referred to in Annex I, point 3.4.2. for which a rollover protective structure is obligatory;


(d)   updating of the list of machinery referred to in Annex I, point 1.6.11.2 for which information on non-ionising radiation must be supplied;


(e)   prohibition of the placing on the market of machinery referred to in Article 9.


2.   The Commission may, acting in accordance with the procedure referred to in Article 22(2), take any appropriate measure connected with the implementation and practical application of this Directive.

deleted

Justification

The regulatory procedure must not be allowed to take the place of legislative activity. That means that the powers of the committee provided for should be limited at the most to concrete specification of technical matters. Such a regulatory procedure may be appropriate in particular where new scientific and technical knowledge calls for specifications in respect of health and safety requirements to be laid down without delay, e.g. in the case of law governing hazardous materials. In the case of the hazards covered by the machinery directive there is no need for such amendments at short notice without a legislative procedure.

Amendment 21
Article 9
Specific measures to deal with categories of potentially hazardous machinery

Where a Member State considers, with regard to a given category of machinery that it is necessary, in order to protect safety and health, to prohibit or restrict its placing on the market or make it subject to special conditions, it shall take or envisage all necessary and justified transitional measures. It shall then inform the Commission and the other Member States thereof, indicating its reasons.

The Commission shall consult the Member States and other interested parties, indicating to them the measures it intends to take at Community level. The Commission shall adopt, if the national measures are justified and if Community action can ensure a high level of protection of the health and safety of its citizens, the Community measures necessary under the procedure referred to in Article 22(3).

Deleted

Deleted

Justification

The procedure under Article 11 is sufficient to deal with particular hazards.

Amendment 22
Article 12, paragraph 1

1.   Following the risk analysis described in Annex I, point 1.1.2, the manufacturer or his authorised representative shall apply one of the procedures for the assessment of conformity described in paragraphs 2 to 5.

The manufacturer or his authorised representative shall carry out in the light of the principles of safety integration (Annex I, point 1.1.2), a risk analysis in accordance with the procedures for the assessment of conformity described in paragraphs 2 to 5.

Justification

The reference in the Commission proposal to Annex I, point 1.1.2, concerning the risk analysis, is not quite clearly worded.

Amendment 23
Article 12, paragraph 4

4.   Where the risk analysis does not enable the conclusion to be drawn that the Directive has no relevance and the machinery is referred to in Annex IV and manufactured in accordance with the harmonised standards referred to in Article 7(2) and provided that those standards cover all of the relevant risks, the manufacturer or his authorised representative shall, in order to certify its conformity with the provisions of this Directive, apply one of the following procedures:

4.   Where the risk analysis does not enable the conclusion to be drawn that the Directive has no relevance and the machinery is referred to in Annex IV and manufactured in accordance with the harmonised standards referred to in Article 7(2) and provided that those standards cover all of the relevant risks, the manufacturer or his authorised representative shall, in order to certify its conformity with the provisions of this Directive, apply one of the following procedures:

 

a)   the conformity assessment procedure with internal checks provided for in Annex VII

(a)   the procedure for adaptation to harmonised standards provided for in Annex IX;

(b)   the procedure for adaptation to harmonised standards provided for in Annex IX;

(b)   the EC type-examination procedure provided for in Annex X;

(c)   the EC type-examination procedure provided for in Annex X;

(c)   the full quality assurance procedure provided for in Annex XI.

(d)   the full quality assurance procedure provided for in Annex XI.

Justification

Where there are harmonised standards which fully cover the hazards of the machinery in question and the manufacturer works in accordance with them, a third examination may in some circumstances be unnecessary. Internal checks in accordance with Annex VII guarantee verifiable technical documentation which can be inspected in the course of market surveillance. The Molitor report also expressly favours provision for simpler procedures where machinery has been constructed in accordance with harmonised standards. Manufacturers are still completely at liberty to have third examinations carried out.

Amendment 24
Article 12, paragraph 5

5.   Where the risk analysis does not enable the conclusion to be drawn that the Directive has no relevance and the machinery is referred to in Annex IV and has not been manufactured in accordance with the harmonised standards referred to in Article 7(2), or only partly in accordance with such standards, or if no harmonised standards exist for the machinery in question, the manufacturer or his authorised representative shall, in order to certify its conformity with the provisions of this Directive, apply one of the following procedures:

5.   Where the risk analysis does not enable the conclusion to be drawn that the Directive has no relevance,

 

-   where the machinery is referred to in Annex IV and

-   where it has not been manufactured in accordance with the harmonised standards referred to in Article 7(2), or only partly in accordance with such standards, or if no harmonised standards exist for the machinery in question,

the manufacturer shall, in order to certify its conformity with the provisions of this Directive, apply one of the following procedures:

Justification

Making the text clearer.

Amendment 25
Article 13

Procedure for partly completed machinery

The manufacturer of partly completed machinery or his authorised representative must, before placing it on the market:

(a)   draw up a declaration of incorporation described in Annex II, part B, which must accompany the partly completed machinery until it is incorporated into a complete machine and shall then form part of the technical file for that machine,

(b)   prepare a notice of assembly described in Annex V.

Deleted

Justification

The requirements to be fulfilled by the manufacturer or his authorised representative are specified in the amendment to Article 5(2). Article 13 should therefore be deleted.

Amendment 26
Article 14
Notified bodies

1.   Member States shall notify the Commission and the other Member States of the bodies which they have appointed to carry out the assessment of conformity for placing on the market referred to in Article 12(4) and (5), together with the specific tasks which these bodies have been appointed to carry out and the identification numbers assigned to them beforehand by the Commission.

2.   The Commission shall publish in the Official Journal of the European Communities, for information, a list of the notified bodies and their identification numbers and the tasks for which they have been notified. The Commission shall ensure that this list is kept up to date.

3.   Member States shall apply the criteria referred to in Annex XII in assessing the bodies to be notified. Bodies meeting the assessment criteria laid down in the relevant harmonised standards, the references of which shall be published in the Official Journal of the European Communities pursuant to this Directive, shall be presumed to fulfil those criteria.

4.   A Member State which has designated a body must withdraw its notification if it finds:

(a)   that the body no longer meets the criteria referred to in Annex XII, or

(b)   that certificates have repeatedly been issued to models of machinery which do not satisfy the essential health and safety requirements set out in Annex I.

It shall immediately inform the Commission and the other Member States accordingly.

 
Article 14 is transposed and reinserted as Article 17b (new)

Justification

See justification to Article 17b (new).

Amendment 27
Article 16, paragraph 3

3.   The affixing on machinery of markings which are likely to mislead third parties as to the meaning or form of the CE marking shall be prohibited.

3.   The affixing on machinery of markings, signs or inscriptions which are likely to mislead third parties as to the meaning or form of the CE marking shall be prohibited.

Any other marking may be affixed to the machinery provided that the visibility, legibility and meaning of the CE marking is not thereby impaired.

Other markings may be affixed to the machinery only provided that the meaning of the CE marking is not thereby wrongfully impaired.

 

4.   Partly completed machinery within the meaning of Article 2(a)(bb) shall not be subject to the obligations under this Article.

Justification

Amendment 28
Article 17 a (new)
 

Market surveillance

1.   Member States shall take all appropriate measures to ensure that machinery may be placed on the market and put into service only if it complies with the requirements of this directive when properly installed and maintained and used for its intended purpose or under conditions which can reasonably be foreseen.

2.   Member States shall establish or determine the competent authorities to monitor the conformity of machinery with the provisions set out in paragraph 1.

Justification

As a general rule, Member States will maintain just one market surveillance system for each product covered by the single market. Such aspects should be dealt with in a horizontal way, and, in so far as that is not yet the case, adapted to the most appropriate provisions. The articles relating to market surveillance should therefore be better structured.

Amendment 29
Article 17 a, paragraph 3 (new)
 

3.   Member States shall define the tasks, organisation and powers of the bodies charged with fulfilling the objectives set out in paragraphs 1 and 2. They shall notify the Commission and other Member States thereof and also of any subsequent amendment.

Justification

Self-explanatory.

Amendment 30
Article 17 b (new)
 

Notified bodies

1.   Member States shall notify the Commission and the other Member States of the bodies which they have appointed to carry out the assessment of conformity for placing on the market referred to in Article 12(4) and (5), together with the specific tasks which these bodies have been appointed to carry out and the identification numbers assigned to them beforehand by the Commission. Member States shall notify the Commission and other Member States of any subsequent amendment.

2.   The Member States shall ensure that the notified bodies undergo regularly surveillance in respect of their ongoing compliance with the criteria set out in Annex XII. The notified body shall provide on request all relevant information including budgetary documents, to enable the Member State to ensure that the requirements of the annex are met.

3.   Member States shall apply the criteria referred to in Annex XII in assessing the bodies to be notified and the bodies already notified.

4.   The Commission shall publish in the Official Journal of the European Communities, for information, a list of the notified bodies and their identification numbers and the tasks for which they have been notified. The Commission shall ensure that this list is kept up to date.

5.   Bodies meeting the assessment criteria laid down in the relevant harmonised standards, the references of which shall be published in the Official Journal of the European Communities pursuant to this Directive, shall be presumed to fulfil those criteria.

6.   If a notified body finds that relevant requirements of this Directive have not been met or are no longer met by the manufacturer or that a certificate should not have been issued, it shall, taking account of the principle of proportionality, suspend or withdraw the certificate issued or place restrictions on it unless compliance with such requirements is ensured by the implementation of appropriate corrective measures by the manufacturer. In the case of suspension or withdrawal of the certificate or of any restriction placed on it, or in cases where intervention by the competent authority may prove necessary, the notified body shall inform the authority responsible pursuant to Article 17a thereof. The Member State shall inform the other Member States and the Commission without delay.

7.   The Commission shall organise an exchange of experience between:

a)   the authorities responsible for appointment and surveillance in the Member States, and

b)   the notified bodies

to coordinate the uniform application of this directive.

 

8.   A Member State which has notified a body must immediately withdraw the notification if it comes to its attention:

 

a)   that the body no longer meets the criteria of Annex XII, or

 

b)   that, in one case with serious implications or on repeated occasions, the body has issued certificates pursuant to Annexes IX to XI for machinery which does not comply with the underlying safety and health requirements of Annex I, or

 

c)   has been guilty of a serious breach of Article 17b (new) (5). It shall inform the Commission and the other Member States of such breach without delay.

(Transposition: see Article 14, with amendments)

Justification

This Article is based on ex-Article 14 (amended). Internal market provisions concerning the requirements relating to notified bodies should be similarly worded. Furthermore, Member States must ensure that the notified bodies actually fulfil their duties. The notified bodies should be required, if appropriate, to withdraw the certificates issued by them. If the notified bodies do not comply with the requirements placed on them, the Member States should be required to revoke their appointment. In the light of the amendment to Annex XII, the cooperation between the Member States and the Commission should be more than just an exchange of experience.

Amendment 31
Article 18
Confidentiality

Without prejudice to existing national provisions and practices in the area of confidentiality, Member States shall ensure that all parties concerned by the application of this Directive are bound to treat as confidential the information obtained in the execution of their tasks which is covered by professional secrecy, unless the divulging of such information is necessary in order to protect the health and safety of persons.

The Member States and the Commission shall take the necessary measures to ensure that their officials and other staff, as well as all parties concerned by the application of this Directive, are under an obligation of professional secrecy in respect of all information obtained pursuant to this Directive which, in view of its nature, is subject to commercial confidentiality or has been provided in confidence. The decisions taken by the Member States and by the Commission under Article 11 must be published. In so far as reasons for the decisions are made public, the first sentence of this article must be observed.

The provisions of the first subparagraph shall not affect the obligations of the Member States and the notified bodies with regard to mutual information and the issuing of warnings, nor the obligations to provide information incumbent on the persons concerned under criminal law.

The decisions taken by the Member States and by the Commission under Articles 9 and 11 must be published.

The provisions of the first subparagraph shall not affect the obligations of the Member States and the notified bodies with regard to mutual information and the issuing of warnings, nor the obligations to provide information incumbent on the persons concerned under criminal law.

The decisions taken by the Member States and by the Commission under Article11 must be published.

Justification

The confidentiality of commercial information must be ensured in all areas. In addition, the wording in respect of this obligation should be similar in similar areas. (This wording corresponds to the text of the first reading of the proposal for a European Parliament and Council directive on the authorisation of electronic communications networks and services).

Amendment 32
Article 22

1.   The Commission shall be assisted by a committee, hereinafter called the "Machinery Committee", composed of representatives of the Member States and chaired by the representative of the Commission.

2.   Where reference is made to this paragraph, the advisory procedure laid down in Article 3 of Decision 1999/468/EC shall apply, in compliance with Article 7 and Article 8 thereof.

3.   Where reference is made to this paragraph, the regulatory procedure laid down in Article 5 of Decision 1999/468/EC shall apply, in compliance with Article 7 and Article 8 thereof.

The period provided for in Article 5(6) of Decision 1999/468/EC shall be three months.

deleted

Justification

Results from the deletion of Article 8. There is no point in having a committee without a mandate.

Amendment 33
Article 24

Directive 95/16/EC is amended as follows:

Directive 95/16/EC is amended as follows:

(1)   In Article 1, paragraphs 2 and 3 are

replaced by the following:

(1)   In Article 1, paragraphs 2 and 3 are

replaced by the following:

"2. For the purposes of this Directive, 'lift' shall mean an appliance serving specific levels, having a load support moving along guides which are rigid and inclined at an angle of more than 15 degrees to the horizontal, intended for the transport of:

"2. For the purposes of this Directive, 'lift' shall mean an appliance serving specific levels, having a lifting device moving along guides which are rigid and inclined at an angle of more than 15 degrees to the horizontal, not intended solely for the transport of goods:

-   persons,

 

-   persons and goods.

 

Appliances moving along a fixed course even where they do not move along guides which are rigid shall fall within the scope of this Directive.

Appliances moving along a fixed course even where they do not move along guides which are rigid shall fall within the scope of this Directive.

3.   This Directive shall not apply to:

3.   This Directive shall not apply to:

-   hoists for persons or for persons and goods, whose speed is not greater than 0.15 m/s,

(a)   hoists for persons with limited mobility, the speed of which is not greater than 0.015m/s

 

(b)   means of transport for persons with

limited mobility, the lifting device of

which moves along the inclined plane of a

staircase,

 

(c)   escalators and mechanical walkways,

 

(d)   lifting equipment intended to overcome

unevenness of the ground or buildings of

up to 1 m.

-   cableways, including funicular railways,

(e)   - cableways, including funicular railways,

-   lifts specially designed and constructed for military or police purposes,

(f)   lifts specially designed and constructed for military or police purposes,

-   platforms intended for raising/lowering persons and from which work can be carried out,

(g)   platforms intended for raising/lowering persons and from which work can be carried out,

-   mine winding gear,

(h)   mine winding gear,

-   theatre elevators for persons,

 

-   lifts fitted in means of transport,

(i)   lifts fitted in means of transport, and

-   lifts connected to machinery and intended exclusively for access to the workstation,

(j)   lifts connected to machinery and intended exclusively for access to the workstation,

-   appliances for persons with limited mobility, the load support of which moves along the inclined plain of a staircase,

 

-   escalators and mechanical walkways."

 
 

(k)   theatre lifts intended to move persons during artistic performances,

(2)   In Annex I, point 1.2 is replaced by the following:

(2)   In Annex I, point 1.2 is replaced by the following:

"1.2. Load support

"1.2. Load support

The load support of each lift must be a car. This car must be designed and constructed to offer the space and strength corresponding to the maximum number of persons and the rated load of the lift set by the installer.

The load support of each lift must be a car. This car must be designed and constructed to offer the space and strength corresponding to the maximum number of persons and the rated load of the lift set by the installer.

Where the lift is intended for the transport of persons, and where its dimensions permit, the car must be designed and constructed in such a way that its structural features do not obstruct or impede access and use by disabled persons and so as to allow any appropriate adjustments intended to facilitate their access."

Where the lift is intended for the transport of persons, and where its dimensions permit, the car must be designed and constructed in such a way that its structural features do not obstruct or impede access and use by disabled persons and so as to allow any appropriate adjustments intended to facilitate their access."

Justification

The height of 4 m seems to be arbitrary and should therefore be replaced by one storey as the danger threshold; the protection against unauthorised use has to be transferred to Annex I Section 7.2 a (new) as this constitutes a technical requirement within the framework of Annex I Section 7 and not a precondition of the exemption from Directive 95/16/EC.

Amendment 34
Article 26 a (new)
 

Within a year of the entry into force of this directive, the Commission shall prepare an assessment of the different requirements under the "New Approach". On the basis of that assessment, it shall, if appropriate, submit to Parliament and the Council a proposal for an EC directive under which uniform marking and the introduction of a system of categories of risk and monitoring in connection with market surveillance shall be ensured in a similar way for all relevant directives.

 

Within the same period the Commission shall submit a study setting out the advantages, disadvantages and proportionality of extending the relevant CE directives to old installations, particularly with regard to safety and environmental aspects.

Justification

The consistency of Community provisions applying in this area must be ensured, so as not to burden companies and markets with different rules for similar products. To that end, it would seem appropriate to carry out the necessary examination within a year and to set in train the approximation, where necessary, of the various directives.

Amendment 35
Article 27

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities.

The amendments to this Directive and the amendments to legislative provisions resulting from this Directive shall enter into force on the twentieth day following that of the publication of the consolidated version in the Official Journal of the European Communities.

Justification

The transparency of Community law should be enhanced through the publication of consolidated versions of directives each time they are amended.

Amendment 36
Article 27 a (new)
 

The term 'hazardous situation’ shall be replaced throughout the directive with the term ‘risk situation’.

Justification

Linguistic clarification

Amendment 37
Article 27 b (new)
 

The term ‘load support’ shall be replaced throughout the directive with the term ‘lifting device’.

Justification

Experts agree that the term ‘load support’ [Ger. “Lastträger”] describes a fixed installation intended to bear loads and forces. The use of ‘lifting device’ [Ger. “Lastaufnahmemittel”] seems clearer.

Amendment 38
Article 27 c (new)
 

The term ‘maximum working load’ shall be replaced throughout the directive with the term ‘nominal load’.

Justification

Technically more correct term.

Amendment 39
Article 27 d (new)
 

The term ‘Community’ shall be replaced throughout the directive with the term ‘European Union’ .

Justification

Your rapporteur is fully aware of the legally correct distinction between ‘Community’ and ‘European Union’. However, in the interest of the readability and simplification of legal texts, it seems simpler and more understandable for readers seeking to assert their legal rights to use ‘European Union’ throughout.

Amendment 40
Annex I, Preliminary Observations, paragraph 3

3.   The essential health and safety requirements laid down in this Annex are mandatory. However, taking into account the state of the art and prohibitive economic imperatives, it may not be possible to meet the objectives set by them. In this case, the machinery must as far as possible be designed and constructed with the purpose of approaching those objectives.

The essential health and safety requirements laid down in this Annex are mandatory. However, in the light of the state of the art, prohibitive economic imperatives and proportionality, it may not be possible to meet the objectives set by them. In this case, the machinery must as far as possible be designed and constructed with the purpose of approaching those objectives.

Justification

Amendment 41
Annex I, Chapter 1, point 1.1.1., Definitions

For the purpose of this Annex:

For the purpose of this Annex:

 

(1)   'hazard' means the possible occurrence of an injury to a person or damage to a person's health;

(2)   'risk' means the seriousness of a hazard in relation to the likelihood of its occurrence;

(1)   'danger zone' means any zone within and/or around machinery in which an exposed person is subject to a risk to his health or safety;


(2)   'exposed person' means any person wholly or partially in a danger zone;

(3)   'risk zone' means any zone on and/or around machinery in which a risk may materialise;

(4)   'risk situation' means a combination of circumstances specifically in association with which a risk may materialise;

(3)   'operator' means the person or persons given the task of installing, operating, adjusting, maintaining, cleaning, repairing or moving machinery;

(3)   'operator' means the person or persons given the task of installing, operating, adjusting, maintaining, cleaning, repairing or moving machinery;

(4)   'hazardous situation' means any situation in which a person is exposed to one or more risks;


(5)   'risk' means a combination of the probability and the degree of an injury or damage to health that can arise in a hazardous situation;


(6)   'guard' means a part of a machine used specifically to provide protection by means of a physical barrier;


(7)   'protective device' means a device (other than a guard) which eliminates a potential danger or reduces the risk to an acceptable level, alone or in conjunction with a guard.

 

Justification

The definition of an 'exposed person' is no longer necessary. The amended definitions given apply to the whole of the directive.

Amendment 42
Annex I, paragraph 1.1.2, Principles of safety integration, sub-paragraph a

a.   Machinery must be so constructed that it is fitted for its function, and can be adjusted and maintained without putting persons at risk when these operations are carried out under the conditions foreseen by the manufacturer but also in foreseeable abnormal situations.

a.   Machinery must be so constructed that it is fitted for its function, and can be adjusted and maintained without putting persons at risk when these operations are carried out under the conditions foreseen by the manufacturer but also in foreseeable abnormal situations.

The aim of measures taken must be to eliminate any risk of accident throughout the foreseeable lifetime of the machinery, including the phases of assembly, dismantling, disabling and scrapping

The aim of measures taken must be to eliminate any risk of accident throughout the foreseeable lifetime of the machinery, including the phases of transport, assembly, dismantling, disabling and scrapping

Justification

Self-explanatory.

Amendment 43
Annex I, paragraph 1.1.2, Principles of safety integration, sub-paragraph e
does not apply to EN text

Justification

Amendment seeks to reinstate the word ‘wesentlich’ (essential) which was omitted from the DE text of the COM document but is still present in the EN version.

Amendment 44
Annex I, paragraph 1.1.6, Design of machinery to facilitate its handling

Machinery or each component part thereof must:

Machinery or each component part thereof must:

–   be capable of being handled safely

–   be capable of being handled safely

-   be packaged or designed so that it can be stored safely and without damage

-   be packaged or designed so that it can be stored safely and without damage

During the transportation of the machine and/or its parts, there must be no possibility of sudden movements or of hazards due to instability as long as the machine and/or its parts are handled in accordance with the instructions of the manufacturer or of his authorised representative.

The manufacturer shall take precautions to ensure that, during the transportation of the machine and/or its parts, there is no possibility of sudden movements or of hazards due to instability.

Where the weight, size or shape of machinery or its various component parts prevents them from being moved by hand, the machinery or each component part must:

Where the weight, size or shape of machinery or its various component parts prevents them from being moved by hand, the machinery or each component part must:

-   either be fitted with attachments for lifting gear, or

-   either be fitted with attachments for lifting gear, or

-   be designed so that it can be fitted with such attachments

-   be designed so that it can be fitted with such attachments

-   be shaped in such a way that standard lifting gear can easily be attached.

-   be shaped in such a way that standard lifting gear can easily be attached.

Where machinery or one of its component parts is to be moved by hand, it must:

Where machinery or one of its component parts is to be moved by hand, it must:

-   either be easily movable, or

-   either be easily movable, or

-   be equipped for picking up and moving in complete safety.

-   be equipped for picking up and moving in complete safety.

Special arrangements must be made for the handling of tools and/or machinery parts, even if lightweight, which could be hazardous.

Special arrangements must be made for the handling of tools and/or machinery parts, even if lightweight, which could be hazardous.

Justification

Unforeseeable risks in the use and transport of a machine cannot be left as the responsibility of the manufacturer. However, he does have an obligation to take precautions which enable the user or transporter to avoid risks.

Amendment 45
Annex I, paragraph 1.2.1, Safety and reliability of control systems

Control systems must be designed and constructed so that they are safe and reliable, in a way that will prevent a hazardous situation arising. Above all they must be designed and constructed in such a way that:

Control systems must be designed and constructed so that they are safe and reliable. Above all they must be designed and constructed in such a way that:

-   they can withstand the rigours of normal use and external factors,

-   the rigours of normal use and external factors,

-   human error during operation does not lead to hazardous situations.

-   human error during operation does not lead to hazardous situations, and

 

-   defects and failure of control systems

 

do not lead to risk situations.

Justification

Defects and failure of control systems should also be taken into account.

Amendment 46
Annex I, paragraph 1.2.3, Starting

It must be possible to start machinery only by voluntary actuation of a manual control provided for the purpose.

The same requirement applies:

–   when restarting the machinery after a stoppage, whatever the cause,

–   when effecting a significant change in the operating conditions.

However, the restarting of the machinery or a change in operating conditions may be effected by voluntary actuation of a device other than the manual control provided for the purpose, unless this would lead to a hazardous situation.

As an exception to the above requirements, for automated plant functioning in automatic mode, the starting of the machinery, or restarting after a stoppage, or a change in operating conditions must be possible without intervention, provided this does not lead to a hazardous situation for the operator and/or exposed persons.

It must be possible to start machinery only by voluntary actuation of a manual control provided for the purpose.

The same requirement applies:

–   when restarting the machinery after a stoppage, whatever the cause,

–   when effecting a significant change in the operating conditions.

However, the restarting of the machinery or a change in operating conditions may be effected by voluntary actuation of a device other than the manual control provided for the purpose, unless this would lead to a hazardous situation.

As an exception to the above requirements, for automated plant functioning in automatic mode, the starting of the machinery, or restarting after a stoppage, or a change in operating conditions may be possible without intervention, provided this does not lead to a hazardous situation for the operator and/or exposed persons.

Justification

Linguistic clarification.

Amendment 47
Annex I, paragraph 1.3.1, Stability

Machinery and its components and fittings must be so designed and constructed that they are stable enough for use without risk of overturning, falling or unexpected movement.

This requirement also applies during transportation, assembly, dismantling, scrapping and any other action involving the machinery.

If the shape of the machinery itself or its intended installation does not offer sufficient stability, appropriate means of anchorage must be incorporated and indicated in the instructions.

Machinery and its components and fittings must be so designed and constructed that they are stable enough for use without risk of overturning, falling or unexpected movement.

For the purposes of this paragraph, use includes transportation, assembly, dismantling, scrapping and any other action involving the machinery.

If the shape of the machinery itself or its intended installation does not offer sufficient stability, appropriate means of anchorage must be incorporated and indicated in the instructions.

Justification

Improves linguistic clarity and tightens definition.

Amendment 48
Annex I, paragraph 1.4.1,
Required characteristics of guards and protection devices - General requirements

Guards and protection devices must:

–   be of robust construction,

–   be securely held in place,

–   not give rise to any additional risk,

–   not be easy to by-pass or render non-operational,

–   be unable to remain in place without their fixings,

–   be located at an adequate distance from the danger zone,

–   cause minimum obstruction to the view of the production process,

–   enable essential work to be carried out on installation and/or replacement of tools and also for maintenance by restricting access only to the area where the work has to be done, if possible without the guard or protection device having to be dismantled.

Guards and protection devices must:

–   be of robust construction,

–   be securely held in place,

–   not give rise to any additional risk,

–   not be easy to by-pass or render non-operational,

–   be located at an adequate distance from the danger zone,

–   cause minimum obstruction to the view of the production process,

–   enable essential work to be carried out on installation and/or replacement of tools and also for maintenance by restricting access only to the area where the work has to be done, if possible without the guard or protection device having to be dismantled.

Justification

The deleted requirement cannot be applied generally to all guards and protection devices. It should thus be listed under paragraph 1.4.2.1, ‘Fixed guards’, where it was originally placed. See following amendment.

Amendment 49
Annex I, paragraph 1.4.2.1, Fixed guards

They must be fixed by systems that can be opened only with tools. Their fixing systems must remain attached to the guards when removed.

Fixed guards must be securely held in place. Where possible, guards must be unable to remain in place without their fixings. They must be fixed by systems that can be opened only with tools. Their fixing systems must remain attached to the guards or to the machine when removed.

Justification

This version, taken from the existing text of the directive, offers a more comprehensible wording and should be retained.

Amendment 50
Annex I, paragraph 1.5.2, Seating

Where the working conditions so permit, work places constituting an integral part of the machinery must be equipped with seats.

Where one exists, the driving seat of the operator or driver must enable the driver or operator to maintain a stable position.

Where the seat is an integral part of the machinery, it must be supplied with it.

If the machinery is subject to vibrations, the seat must be designed in such as way as to reduce the vibrations transmitted to the operator or driver to the lowest level that is reasonably possible. The seat mountings must withstand all stresses to which they can be subjected. Where there is no floor beneath the feet of the driver or operator, footrests covered with a slip-resistant material must be provided .

Where the working conditions so permit, work places constituting an integral part of the machinery must be equipped with seats.

Where one exists, the driving seat of the operator or driver must enable the driver or operator to maintain a stable position.

Where a seat is an integral part of the machinery, it must be supplied with it.

If the machinery is subject to vibrations, the seats must be designed in such as way as to reduce the vibrations transmitted to the operator or driver to the lowest level that is reasonably possible. The seat mountings must withstand all stresses to which they can be subjected. Where there is no floor beneath the feet of the driver or operator, footrests covered with a slip-resistant material must be provided .

Justification

Self-explanatory.

Amendment 51
Annex I, paragraph 1.6.1, Electricity supply, second sub-paragraph

The specific rules in force relating to electrical equipment designed for use within certain voltage limits must apply to machinery which is subject to those limits. Conformity assessment with regard to electrical hazards is governed by this Directive.

The safety requirements set out in Council Directive 73/23/EEC of 19 February 1973 on the harmonisation of the laws of Member States relating to electrical equipment designed for use within certain voltage limits must apply to machinery. The conformity assessment of the machinery with regard to the electrical risks must be governed solely by the provisions of this directive.

Justification

Self-explanatory.

Amendment 52
Annex I, paragraph 1.6.3, Lightning

Machinery which is designed for outdoor use and which may be subject to the direct effects of lightning while being used must be fitted with a system for conducting the resultant electrical charges to earth.

Machinery which is designed for outdoor use and which may be subject to the direct effects of lightning while being used must be fitted with a system capable of conducting the resultant electrical charges to earth.

Justification

Expresses more clearly that it is ultimately not the manufacturer who is solely responsible for protection measures against this type of risk.

Amendment 53
Annex I, paragraph 1.6.10, Vibrations

1.6.   10, Vibrations

Machinery must be so designed and constructed that risks resulting from vibrations produced by the machinery are reduced to the lowest level, taking account of technical progress and the availability of means of reducing vibration, in particular at source.

1.6.   10, Oscillations

Machinery must be so designed and constructed that risks resulting from oscillations produced by the machinery are reduced to the lowest level, taking account of technical progress and the availability of means of reducing oscillation, in particular at source.

Justification

'Oscillations’ is the customary technical term.

Amendment 54
Annex I, paragraph 1.6.14. Emissions of dangerous substances
Does not apply to EN text

Justification

Linguistic clarification to DE text, bringing it into line with the meaning of the existing EN version of the COM document.

Amendment 55
Annex I, paragraph 1.7.2, Access to operating positions and servicing points

Machinery must be designed and constructed in such a way as to allow access in safety to all areas used for production, adjustment and maintenance operations.

The movement of exposed persons must be unhindered.

Machinery must be designed and constructed in such a way as to allow access in safety to all areas used for production, adjustment and maintenance operations.

The movement of exposed persons must be unhindered where at all possible.

Justification

Some types of work, particularly maintenance work, have to be possible even under cramped conditions.

Amendment 56
Annex I, paragraph 1.9, Marking of machinery

All machinery must be marked legibly and indelibly with the following minimum particulars:

All machinery must be marked legibly and indelibly with the following minimum particulars:

–   the name and address of the manufacturer and, where applicable, his authorised representative,

–   where applicable, the name and address of the natural or legal person who assumes responsibility for its conformity to this Directive,

–   designation of the machinery,

–   CE marking,

–   designation of series or type,

–   serial number, if any,

–   the year of construction.

[Footnote 2: The year of construction is the date with which the end of the manufacturing process must coincide stricto sensu. The EC declaration of conformity must be established on that date. It is therefore formally prohibited to pre-date or post-date the machinery when affixing the CE marking.]

–   the name and address of the manufacturer; where applicable, the name of his authorised representative must be marked in the same way,

–   where applicable, the name and address of the natural or legal person who assumes responsibility for its conformity to this Directive,

–   designation of the machinery,

–   CE marking,

–   designation of series or type,

–   serial number, if any,

–   the year of construction. This shall be the year of the end of the manufacturing process. The year of placing on the market may also be added: this amounts to a statement that the declaration of conformity reflects the current legal situation not at the end of the manufacturing process but at the placing on the market.

Furthermore, machinery designed and constructed for use in a potentially explosive atmosphere must be marked accordingly.

Machinery must also bear full information relevant to its type and essential to its safe use.

Where a machine part must be handled during use with lifting equipment, its mass must be indicated legibly, indelibly and unambiguously.

All the information must be clearly identifiable by the final user.

Furthermore, machinery designed and constructed for use in a potentially explosive atmosphere must be marked accordingly.

Machinery must also bear full information relevant to its type and essential to its safe use.

Where a machine part must be handled during use with lifting equipment, its mass must be indicated legibly, indelibly and unambiguously.

Justification

First and second indents:

The clarification in the first indent seeks to ensure that final users, or where applicable other persons affected such as transporters, have at all events an address to which they can have recourse. The person responsible for conformity, referred to in the second indent, is instructed by the group of persons referred to in the first indent and is not therefore normally liable to legal action by the final user: instead he is held responsible through the remedies available to the persons referred to in the first indent. The second indent is thus superfluous. The new wording of the first indent also renders the former footnote 1 unnecessary.

Amendment to the last indent:

Particularly in the case of machinery produced in series for which ‘old’ declarations of conformity exist, the year of construction need not necessarily be equated with the year of placing on the market. Firstly, marking with the year of construction does not in this case provide any additional evidence of the safety of the product. Secondly, it seems to be useful to the final user to provide the option of a further year-marking showing that the declaration of conformity is still valid.

Deletion of last sentence: Unnecessary, since this has now already been required in the first sentence.

Amendment 57
Annex I, paragraph 1.10, Instructions, and 1.10.1, General principles on the drafting of instructions

1.   10 Instructions

Every machine must be accompanied by instructions in the official Community language(s) which may be determined in accordance with the Treaty by the Member State in which it is placed on the market and/or put into service.

The instructions accompanying the machine must be either "Original instructions" or a "Translation of the original instructions", in which case the translation must be accompanied by the original instructions.

The instructions must be drafted in accordance with the principles set out below.

1.   10 Instructions

Every machine must be accompanied by instructions in the official language of the country of the European Union in which it is placed on the market and/or put into service.

The instructions accompanying the machine must be either "Original instructions" or a "Translation of the original instructions", in which case the translation must be accompanied by the original instructions. This may be omitted when the translation includes the name and address of an officially certified and designated translator

The instructions must be drafted in accordance with the principles set out below.

1.10.1.   General principles on the drafting of instructions

(a)   The contents of the instructions must be limited to the machine in question and cover not only the normal use of the machinery but also uses which may reasonably be expected of it.

(b)   The manufacturer or his authorised representative must draft the instructions in an official Community language. The words "Original instructions" should appear on the language version(s) verified by the manufacturer. If the manufacturer or his authorised representative verify versions of the instructions in other official Community languages, these versions should also bear the words "Original instructions".

(c)   Where no "Original instructions" exist in the official language(s) of the country where the machinery is to be used, a translation into that/those language(s) must be made by the person introducing the machinery into the language area in question. The translations must bear the words "Translation of the original".

(d)   In the case of machinery which may be intended for use by non-professional operators, the wording and layout of the instructions for use must take into account the level of general education and acumen that can reasonably be expected from such operators.

(e)   By way of exception, the maintenance instructions intended for use by specialist operators employed by the manufacturer or his authorised representative may be drafted in only one Community language which the operators understand.

1.10.1.   General principles on the drafting of instructions

(a)   The contents of the instructions must be applicable to the machine in question and cover not only the normal use of the machinery but also uses which may reasonably be expected of it.

(b)   The manufacturer must draft the instructions in an official Community language. The words "Original instructions" should appear on the language version(s) verified by the manufacturer. If the manufacturer verifies versions of the instructions in other official Community languages, these versions should also bear the words "Original instructions".

(c)   Where no "Original instructions" exist in the official language(s) of the country where the machinery is to be used, a translation into that/those language(s) must be made by the person introducing the machinery into the language area in question. The translations must bear the words "Translation of the original".

(d)   In the case of machinery which may be intended for use by non-professional operators, the wording and layout of the instructions for use must take into account the level of general education and acumen that can reasonably be expected from such operators.

(e)   By way of exception, the maintenance instructions intended for use by specialist operators employed by the manufacturer or his authorised representative may be drafted in only one Community language which the operators understand.

Justification

The possibility of instructing an officially certified and designated translator reduces the work for the manufacturer without impinging on the consumers’ interests. The instructions must apply to the version of the machinery supplied, but requiring the whole instructions to be specific to an individual model is going too far.

Amendment 58
Annex I, paragraph 1.10.2, Contents of the instructions

Each instruction manual must contain the following information:

Each instruction manual must contain the following information:

(a)   the name and address of the manufacturer and, where applicable, his authorised representative,

(a)   the name and address of the manufacturer and, where applicable, his authorised representative,

(b)   the designation of the machinery as marked on the machinery itself, except for the serial number (see section 1.9),

(b)   the designation of the machinery as marked on the machinery itself, except for the serial number (see section 1.9),

(c)   the installation and assembly instructions, including the means of attachment,

(c)   the installation and assembly instructions, including the means of attachment,

(d)   the instructions for putting the machinery into service and, if necessary, training instructions.

(d)   the instructions for putting the machinery into service and, if necessary, training instructions.

(e)   where appropriate, the essential characteristics of tools which may be fitted to the machinery,

(e)   where appropriate, the essential characteristics of tools which may be fitted to the machinery,

(f)   instructions on the safety of handling operations, giving the mass of the machinery and its various parts where they are regularly to be transported separately,

(f)   instructions on the safety of handling operations, giving the mass of the machinery and its various parts where they are regularly to be transported separately,

(g)   intended conditions of use of the machinery within the meaning of 1.1.2(c),

(g)   conditions of use of the machinery foreseen by the manufacturer within the meaning of 1.1.2(c),

(h)   where applicable, a statement that the machinery is intended for use in a potentially explosive atmosphere,

(h)   where applicable, a statement that the machinery is intended for use in a potentially explosive atmosphere,

(i)   workstation(s) likely to be occupied by operators,

(i)   workstation(s) likely to be occupied by operators,

(j)   the operating method to be followed in case of accident or breakdown. If a blockage is likely to occur, the instructions are to specify the operating method to be followed to enable the equipment to be safely deblocked,

(j)   the operating method to be followed in case of accident or breakdown. If a blockage is likely to occur, the instructions are to specify the operating method to be followed to enable the equipment to be safely deblocked,

(k)   the definition of the adjustment and maintenance operations that should be carried out by the user and the preventive measures that should be observed,

(k)   the definition of the adjustment and maintenance operations that should be carried out by the user and the preventive measures that should be observed,

(l)   information to facilitate maintenance,

(l)   information to facilitate maintenance,

(m)   instructions on the connecting of fluids, including electrical connections, which may be the source of risk,

(m)   instructions on the connecting of fluids, including electrical connections, which may be the source of risk,

(n)   ways in which the machinery should not be used,

(n)   ways in which the machinery should not be used,

(o)   the obligation on the part of the user to comply with the provisions relating to the use of work equipment and in particular Council Directive 89/655/EEC(2),

(o)   the obligation on the part of the user to comply with the provisions relating to the use of work equipment and in particular Council Directive 89/655/EEC(3),

(p)   conditions in which the machinery meets the requirement of stability during use, transportation, assembly, dismantling, when out of service, during testing or during foreseeable breakdowns.

(p)   conditions in which the machinery meets the requirement of stability during use, transportation, assembly, dismantling, when out of service, during testing or during foreseeable breakdowns.

(q)   the requirements relating to installation and assembly for reducing noise or vibration,

(q)   the requirements relating to installation and assembly for reducing noise or oscillation,

(r)   the following information on airborne noise emissions:

–   equivalent continuous A-weighted sound pressure level at workstations, where this exceeds 70 dB(A); where this level does not exceed 70 dB(A), this fact must be indicated,

–   peak C-weighted instantaneous sound pressure value at workstations, where this exceeds 63 Pa (130 dB in relation to 20 μPa),

–   sound power level emitted by the machinery where the equivalent continuous A-weighted sound pressure level at workstations exceeds 85 dB(A).

(r)   the following information on airborne noise emissions:

–   equivalent continuous A-weighted sound pressure level at workstations, where this exceeds 70 dB(A); where this level does not exceed 70 dB(A), this fact must be indicated,

–   peak C-weighted instantaneous sound pressure value at workstations, where this exceeds 63 Pa (130 dB in relation to 20 μPa),

–   sound power level emitted by the machinery where the equivalent continuous A-weighted sound pressure level at workstations exceeds 85 dB(A).

These values must be either those actually measured for the machinery in question, or those established on the basis of measurements taken for technically comparable machinery which is representative of the machinery to be produced.

These values must be either those actually measured for the machinery in question, or those established on the basis of measurements taken for technically comparable machinery which is representative of the machinery to be produced.

In the case of very large machinery, instead of the sound power level the equivalent continuous sound pressure levels at specified positions around the machinery may be indicated.

In the case of very large machinery, instead of the sound power level the equivalent continuous sound pressure levels at specified positions around the machinery may be indicated.

Where the harmonised standards are not applied, sound levels must be measured using the most appropriate method for the machinery.

Where the harmonised standards are not applied, sound levels must be measured using the most appropriate method for the machinery.

The operating conditions of the machinery during measurement and the measuring methods used must be described.

The operating conditions of the machinery during measurement and the measuring methods used must be described.

Where the workstation(s) are undefined or cannot be defined, sound pressure levels must be measured at a distance of 1 metre from the surface of the machinery and at a height of 1.6 metres from the floor or access platform. The position and value of the maximum sound pressure must be indicated.

Where the workstation(s) are undefined or cannot be defined, sound pressure levels must be measured at a distance of 1 metre from the surface of the machinery and at a height of 1.6 metres from the floor or access platform. The position and value of the maximum sound pressure must be indicated.

Where specific directives lay down other requirements for the measurement of sound pressure levels or sound power levels, those directives must be applied and the corresponding provisions of this section shall not apply.

In so far as specific directives lay down other requirements for the measurement of sound pressure levels or sound power levels, those directives must be applied and the corresponding provisions of this section shall not apply.

Justification

Letter (g): consistent terminology is important at this point. The preliminary observations to Annex I refer to conditions of use ‘foreseen by the manufacturer’. The reference to paragraph 1.1.2 (c) is inappropriate at this point and misleading.

Amendment 59
Annex I, paragraph 2.2.2, Instructions

The instructions must give the following information concerning vibrations transmitted by hand-held and hand-guided machinery:

–   the weighted root mean square acceleration value to which the arms are subjected, if it exceeds 2.5 m/s2 as determined by the appropriate test code. Where the acceleration does not exceed 2.5 m/s2, this must be mentioned.

This value must be actually measured for the machinery in question, or determined on the basis of measurements made on technically comparable machinery representing the intended production.

If harmonised standards are not applied, the vibration data must be measured using the most appropriate measurement code for the machinery.

The operating conditions during measurement and the methods used for measurement must be described.

The instructions must give the following information concerning vibrations transmitted by hand-held and hand-guided machinery:

–   the weighted root mean square acceleration value to which the arms are subjected, if it exceeds 2.5 m/s2 as determined by the appropriate test code. Where the acceleration does not exceed 2.5 m/s2, this must be mentioned.

This value must be actually measured for the machinery in question, or determined on the basis of measurements made on technically comparable machinery representing the intended production.

If harmonised standards are not applied, the vibration data must be measured using the most appropriate measurement code for the machinery.

If and in so far as no applicable and generally recognised rules for testing exist, the manufacturer must state the measuring procedure used and the conditions under which the measurement was carried out..

Justification

The need for a description is evident particularly where highly specialised testing procedures rather than generally recognised ones are used.

Amendment 60
Annex I, paragraph 3.6.3.1, Vibrations

3.6.3.   1, Vibrations

3.6.3.   1, Oscillations

The instructions for machinery that transmits vibrations to the whole body or the upper limbs of the driver must give the following information for the parts of the body concerned:

The instructions for machinery that transmits vibrations to the whole body or the upper limbs of the driver must give the following information for the parts of the body concerned:

–   the weighted root mean square acceleration value to which the arms are subjected, if it exceeds 2.5 m/s². Should it not exceed 2.5 m/s², this must be mentioned,

–   the weighted root mean square acceleration value to which the body (feet or posterior) is subjected, if it exceeds 0.5 m/s². Should it not exceed 0.5 m/s², this must be mentioned.

These values must be actually measured for the machinery in question, or determined on the basis of measurements made on technically comparable machinery representing intended production.

These values must be actually measured for the machinery in question, or determined on the basis of measurements made on technically comparable machinery representing intended production, if and in so far as the general and recognised rules of quality assurance are complied with.

Where the harmonised standards are not applied, the vibration must be measured using the most appropriate method for the machinery concerned.

The operating conditions during measurement and the methods used must be described.

Where the harmonised standards are not applied, the oscillation must be measured using the most appropriate method for the machinery concerned and the operating conditions during measurement and the methods used must be described.

Justification

In your rapporteur’s opinion, it is not necessary to determine the operating conditions where harmonised standards are applied. The running together of the two sentences makes this clear.

Amendment 61
Annex I, paragraph 4.1.1, Definitions

4.1.   1, Definitions

(a)   ‘Lifting operation’: a movement of loads or persons necessitating, at a given moment, a change of level.

4.1.   1, Definitions

(a)   ‘Lifting operation’: a movement of loads or persons necessitating, at a given moment, a change of level.

(b)   ‘Slinging device’: device used to enclose or hook an object and raise it by means of a motor.

(b)   ‘Slinging device’: an accessory, not forming part of lifting apparatus, which can be used to make a connection, with or without lifting devices, between a load suspension device and a load.

(c)   ‘Separate lifting accessory’: a lifting accessory which helps to make up or use a slinging device.

(c)   ‘Separate lifting accessory’: a lifting accessory which helps to make up or use a slinging device.

(d)   ‘Guided load’: load where the total movement is made along rigid or flexible guides, whose position is determined by fixed points.

(d)   ‘Guided load’: load where the total movement is made along rigid or flexible guides, whose position is determined by fixed points.

(e)   ‘Working coefficient’: the arithmetic ratio between the load guaranteed by the manufacturer or his authorised representative up to which a piece of lifting machinery or equipment or an accessory is able to hold it and the maximum working load marked on the machinery, equipment or accessory or respectively.

(e)   ‘Working coefficient’: the arithmetic ratio between the load guaranteed by the manufacturer or his authorised representative up to which a piece of lifting machinery or equipment or an accessory is able to hold it and the maximum working load marked on the machinery, equipment or accessory or respectively.

(f)   ‘Test coefficient’: means the arithmetic ratio between the load used to carry out the static or dynamic tests on a piece of lifting machinery or equipment or an accessory and the maximum working load marked on the piece of machinery or equipment or accessory.

(f)   ‘Test coefficient’: means the arithmetic ratio between the load used to carry out the static or dynamic tests on a piece of lifting machinery or equipment or an accessory and the maximum working load marked on the piece of machinery or equipment or accessory.

(g)   ‘Static test’: the test during which the machinery or the lifting accessory is first inspected and subjected to a force corresponding to the maximum working load multiplied by the appropriate static test coefficient and then re-inspected once the said load has been released to ensure no damage has occurred.

(g)   ‘Static test’: the test during which the machinery or the lifting accessory is first inspected and subjected to a force corresponding to the maximum working load multiplied by the appropriate static test coefficient and then re-inspected once the said load has been released to ensure no damage has occurred.

(h)   

‘Dynamic test’: the test during which the machinery or lifting accessory is operated in all its possible configurations at maximum working load multiplied by the appropriate dynamic test coefficient with account being taken of the dynamic behaviour of the machinery in order to check that the machinery or the lifting accessory is functioning properly.

(h)   

‘Dynamic test’: the test during which the machinery or lifting accessory is operated in all its possible configurations at maximum working load multiplied by the appropriate dynamic test coefficient with account being taken of the dynamic behaviour of the machinery in order to check that the machinery or the lifting accessory is functioning properly.

 

(i)   ‘Load suspension device’: a lifting accessory, forming part of lifting apparatus, including drive belts or drive chains, intended to suspend a load;

 

(j)   ‘Lifting device’: a system for the lifting of persons and/or goods between fixed points;

 

(k)   ‘Passenger lifting device’: a system intended to transport the person or persons in question;

 

(l)   ‘Operating position’: the place at which controls for the movement of lifting apparatus are situated. Operating positions may be situated on passenger lifting devices.

 

(m)   ‘Nominal load’: the load on which the design of lifting apparatus for a given purpose is based;

 

(n)   ‘Payload’: the load available for the transport of goods after the weights of the lifting accessories or slinging devices used for transport are deducted from the nominal load of the lifting apparatus .

Justification

Clarifications and expansions of the definitions seem to be called for here.

Amendment 62
Annex I, paragraph 4.1.2.2, Mechanical strength, last two sub-paragraphs

The static and dynamic tests must be performed on all machinery ready to be put into use.

As a general rule, the tests will be performed at the nominal speeds provided for. Should the control circuit of the machinery allow for a number of simultaneous movements, the tests must be carried out under the least favourable conditions, i.e. as a general rule, by combining the movements concerned.

The static and dynamic tests may, in the case of production in series, take the form of type examination, provided the general and recognised rules of quality assurance are complied with.

In the case of single piece production, the static and dynamic tests must be performed on all machinery ready to be put into use.

As a general rule, the tests will be performed at the nominal speeds provided for. Should the control circuit of the machinery allow for a number of simultaneous movements, the tests must be carried out under the least favourable conditions, i.e. as a general rule, by combining the movements concerned.

Justification

For some machinery, these tests would have a perceptible effect on their life span, which might jeopardise their resale value. In the case of machinery produced in series the costs would also be disproportionately high. A type examination would be sensible and would also provide, in conjunction with quality assurance measures, a sufficient guarantee of compliance with mechanical strength requirements for machinery produced in series.

Amendment 63
Annex I, paragraph 4.2.1, Movement controls

Hold‑to‑run control devices must be used to control the movements of the machinery or its equipment. However, for partial or complete movements in which there is no risk of the load or the machinery colliding, the said devices may be replaced by actuators authorising automatic stops at preselected levels without the operator holding a hold-to-run control device.

Hold‑to‑run control devices must be used to control the movements of the machinery or its equipment. Where there is no risk of the load or the machinery colliding, the said devices may be replaced by actuators authorising automatic stops at preselected levels without the operator holding a hold-to-run control device.

Justification

Textual simplification. This is the current state of technology for construction lifts: a ‘dead man’s handle’ system is not customary.

Amendment 64
Annex I, paragraph 4.2.2, Loading control

4.2.2.   Loading control

Machinery with a maximum working load of not less than 1 000 kilograms or an overturning moment of not less than 40 000 Nm must be fitted with devices to warn the driver and prevent dangerous movements in the event of:

–   overloading the machinery:

–   either as a result of maximum working loads being exceeded, or,

–   as a result of the moments due to the loads being exceeded,

–   the moments conducive to overturning being exceeded.

4.2.2.   Loading control

Machinery with a nominal load of over 1 000 kilograms or an overturning moment of over 40 000 Nm must be fitted with devices to warn the driver and prevent dangerous movements in the event of:

–   overloading the machinery:

–   either as a result of maximum working loads being exceeded, or,

–   as a result of the moments due to the loads being exceeded,

the moments conducive to overturning being exceeded.

Justification

Simplification serving to enhance readability.

Amendment 65
Annex I, paragraph 4.2.4. Risks to exposed persons

4.2.4.   Risks to exposed persons

4.2.4.   Risks to exposed persons

Machinery serving specific levels at which operators can gain access to the load platform in order to stack or secure the load must be designed and constructed to prevent uncontrolled movement of the load platform, in particular while being loaded or unloaded.

Machinery serving specific levels at which operators can gain access to the load platform must be designed and constructed to prevent uncontrolled movement of the lifting device , in particular while being loaded or unloaded.

Justification

Self-explanatory.

Amendment 66
Annex I, paragraph 4.3.1, Chains and rope, second sub-paragraph

If it is not physically possible to show all or part of the information required for lifting accessories, this information must be given on a plate or irremovable ring, or by other means firmly attached to the accessory.

If it is not physically possible to show all or part of the information required for lifting accessories, this information must be given by some means firmly attached to the accessory.

Justification

The specific list given is superfluous.

Amendment 67
Annex I, paragraph 6.2, Manual controls

Where safety requirements do not impose other solutions, the carrier must, as a general rule, be designed and constructed so that persons inside have means of controlling movements upwards and downwards and, if appropriate, of moving the carrier horizontally in relation to the machinery.

In operation, those controls must override the other devices controlling the same movement, with the exception of the emergency stop devices.

The controls for these movements must be of the hold‑to‑run type.

Where safety requirements do not impose other solutions, the carrier must, as a general rule, be designed and constructed so that persons inside have means of controlling movements upwards and downwards and, if appropriate, of moving the carrier horizontally in relation to the machinery.

In operation, those controls must override the other devices controlling the same movement, with the exception of the emergency stop devices.

Justification

The rules laid down in Annex I, paragraph 4.2.1 are adequate, and adding to them here is an unnecessary duplication. The heading of this chapter refers to ‘supplementary’ requirements.

Amendment 68
Annex I, paragraph 6.3.1, Risks of persons falling from the carrier
Does not affect EN text.

Justification

Seeks to replace the DE term ‘rutschsicher’ (slip-proof) with ‘rutschhemmend’ (slip-resistant). However, the latter term is already in the EN version.

Amendment 69
Annex I, paragraph 6.4, Markings

Where necessary to ensure safety, the carrier must bear the relevant essential information.

Where necessary to ensure safety, the relevant essential information must appear in an easily visible and readable form on the carrier.

Justification

[First part of amendment, and first sentence of justification, does not affect EN text.] The information marked ON the carrier is by no means always easy for persons IN the carrier to see and read.

Amendment 70
Annex I, Section 7

7.   SUPPLEMENTARY ESSENTIAL HEALTH AND SAFETY REQUIREMENTS FOR MACHINERY PRESENTING PARTICULAR HAZARDS DUE TO LIFTING OPERATIONS AND INTENDED FOR PERSONS WITH REDUCED MOBILITY

7.   SUPPLEMENTARY ESSENTIAL HEALTH AND SAFETY REQUIREMENTS FOR MACHINERY PRESENTING PARTICULAR HAZARDS DUE TO LIFTING OPERATIONS AND INTENDED FOR PERSONS WITH REDUCED MOBILITY

Machinery presenting particular hazards due to lifting operations and intended for persons with reduced mobility must meet all the essential health and safety requirements described in this annex. The following essential requirements therefore relate only to the particular characteristics of these types of machinery.

Machinery presenting particular hazards due to lifting operations and intended for persons with reduced mobility must meet all the essential health and safety requirements described in this annex. The following essential requirements therefore relate only to the particular characteristics of these types of machinery.

7.1.   Definitions

7.1.   Definitions

For the purposes of this chapter, "support" means any device by which persons of reduced mobility are supported in order to enable them to change level. Supports include platforms, seats or any other device performing the same function.

For the purposes of this chapter, "support" means any device by which persons of reduced mobility are supported in order to enable them to change level. Supports include platforms, seats or any other device performing the same function.

7.2.   Manual controls

7.2.   Manual controls

The manual controls must be designed and constructed so as to be easily accessible to users, taking account of their handicap. When a support is bearing a person, the controls must be of the hold-to-run type and must override all other controls. This requirement does not apply to the function of calling a support from a landing.

The manual controls must be designed and constructed so as to be easily accessible to users, taking account of their handicap. If a machinery is not exclusively in domestic use and when a support is bearing a person, the controls must be of the hold-to-run type and must override all other controls. This requirement does not apply to the function of calling a support from a landing.

7.3.   Falling of the support

7.3.   Falling of the support

Machinery must be equipped with devices to prevent free falling or uncontrolled upward movements of the support. The device to prevent free falling of the support must be independent of the support's suspension.

Machinery must be equipped with devices to prevent free falling or uncontrolled upward movements of the support. The device to prevent free falling of the support must be independent of the support's suspension.

This device must be capable of stopping the support under its nominal load and at the maximum speed provided for by the installer. The stopping action must not, irrespective of the load, cause deceleration that is dangerous for the occupants. Measures must be taken to prevent the support from knocking into the ends of the enclosure.

This device must be capable of stopping the support under its nominal load and at the maximum speed provided for by the installer. The stopping action must not, irrespective of the load, cause deceleration that is dangerous for the occupants. Measures must be taken to prevent the support from knocking into the ends of the enclosure.

7.4.   Access to the support

7.4.   Access to the support

Machinery must be designed and constructed so as to minimise the difference in level between the support and each of the levels served.

Machinery must be designed and constructed so as to minimise the difference in level between the support and each of the levels served.

The approaches to the support must be equipped with protection devices in order to prevent the risk of people falling when the support is not at a landing.

-   The approaches to the support must be equipped with protection devices in order to prevent the risk of people falling when the support is not at a landing.

These protection devices must be equipped with an interlocking device controlled by the position of the support so that:

-   Machinery not exclusively in domestic use must be equipped with an interlocking device controlled by the position of the support so that:

-   they cannot be opened unless the support is present,

(a)   they cannot be opened unless the support is present,

-   the support cannot move until the

protection device has been closed.

(b)   the support cannot move until the protection device has been closed.

If the possible vertical drop is less than 0.50 m, a railing is sufficient.

If the possible vertical drop is less than 0.50 m, a railing is sufficient.

If the possible vertical drop is between 0.50 m and 3 m, the doors and fixed walls protecting the travel zone must be unperforated and at least 1.10 m high,

If the possible vertical drop is between 0.50 m and 3 m, the doors and fixed walls protecting the travel zone must be unperforated and at least 1.10 m high,

If the possible vertical drop is more than 3 m, there must be a landing entrance and the fixed walls protecting the travel zone must be unperforated and at least 2 m high.

If the possible vertical drop is more than 3 m, there must be a landing entrance and the fixed walls protecting the travel zone must be unperforated and at least 2 m high.

Justification

Section 7 includes three new points, two of them being the consequence of the distinction, made in Amendment 33 between lifts for domestic use and other lifts for people with disabilities. Section 7.2 a (new) is the consequence of the deletion of the corresponding words in Amendment 33.

Amendment 71
Annex I, paragraph 8.1., Cab, first sub-paragraph

Construction site hoists intended for lifting persons or persons and goods must be fitted with an enclosed cab; the walls and roof of the cab may be perforated or unperforated.

Construction site hoists not solely intended for lifting goods must be fitted with an enclosed cab; the walls and roof of the cab may be perforated or unperforated.

Justification

Simplifies legal text.

Amendment 72
Annex I, paragraph 8.2., Protection of the travel zone of the cab

8.2.   Protection of the travel zone of the cab

The zone through which the cab travels should not be accessible during normal operation.

8.2.   Protective devices for the travel zone and loading points

An lift constructed for industrial use must have a guard rail at ground level, a protection for the zone through which the cab travels and loading point gates at each point of access.

Justification

Construction site lifts do not usually travel through hoistways, and the use of the German term ‘Fahrschacht’ (hoistway) therefore makes no sense [Translator’s note: Accordingly this part of the amendment does not apply to the EN text]. Furthermore the protection provided by this provision is insufficient.

Amendment 73
Annex I, paragraph 8.5., Access to the load support, first sub-paragraph

Construction site hoists intended for lifting persons or persons and goods must be designed and constructed so as to minimise the difference in level between the load support and each of the levels served.

Construction site hoists not solely intended for lifting goods must be designed and constructed so as to minimise the difference in level between the load support and each of the levels served.

Justification

Simplifies legal text..

Amendment 74
Annex II, Chapter A, Contents of the EC declaration of conformity of the machine

The EC declaration of conformity2 must contain the following particulars:

(1)   name and address of the manufacturer or his authorised representative3,

[Footnote 3:] Business name and full address; if the declaration is compiled by an authorised representative, the manufacturer's business name and address must also be given.

The EC declaration of conformity2 must contain the following particulars:

(1)   name and address of the manufacturer and/or his authorised representative,

Justification

The clearer text replaces the footnote.

Amendment 75
Annex II, Chapter A, paragraphs 4 and 5

(4)   a declaration of conformity with the present Directive,

(4)   a declaration of conformity with the present Directive, and, where appropriate, with other European Directives and/or relevant provisions with which the machine complies. However, where one or more of those Directives allow the manufacturer to choose, during a transitional period laid down therein, the system to be applied, the CE marking shall indicate conformity only to the provisions of those Directives applied by the manufacturer.

Particulars of the Directives applied, as published in the Official Journal of the European Communities, must be given on the EC declaration of conformity which accompanies the machine.

(5)   where appropriate, a declaration of conformity with other European Directives and/or relevant provisions with which the machine complies,

 

Justification

The text proposed by the Commission gives the false impression that several declarations may be requested.

Amendment 76
Annex III, CE marking, last sub-paragraph

The CE marking must be affixed in the immediate vicinity of the name of the manufacturer or his authorised representative, as required in point 1.9 of Annex I, and be applied using the same technique.

The CE marking must be affixed in the immediate vicinity of the name of the manufacturer or his authorised representative, as required in point 1.9 of Annex I .

Justification

The CE marking must be affixed legibly and indelibly (Article 16), but the technique to be used may be left to the manufacturer. This restriction presents a particular disadvantage in the case of machinery with a high rate of export to non-EU countries. Nor is there any known problem with lost CE markings.

Amendment 77
Annex VI, paragraph 2

(2) The technical file referred to in point 1 must be made available to the competent authorities of the Member States.


This technical file does not have to be located in the territory of the European Union, not does it have to be permanently available in material form. It must be capable of being assembled and made available within a period of time commensurate with its importance by the person designated in the EC declaration of conformity.

(2)   The technical file referred to in point 1 must be made available to the competent authorities of the Member States.


This technical file does not have to be located in the territory of the European Union, not does it have to be permanently available in material form. It must be assembled and made available within a period of time commensurate with its importance.

Justification

This text is unnecessarily restrictive. A more general wording is preferable.

Amendment 78
Annex IX, paragraph 9

For series manufacture of identical machines, a copy of the technical file representative of the series in question shall suffice.

Where identical machines are manufactured in series, the technical file may be drawn up for the series in question, provided the general and recognised rules of quality assurance are complied with .

Justification

More easily comprehensible wording. The reference to compliance with general and recognised rules for quality assurance means that this aspect is stressed once again for machines manufactured in series.

Amendment 79
Annex X, paragraph 9

For series manufacture of identical machines, a copy of the technical file representative of the series in question shall suffice.

Where identical machines are manufactured in series, the technical file may be drawn up for the series in question, provided the general and recognised rules of quality assurance are complied with .

Justification

More easily comprehensible wording. The reference to compliance with general and recognised rules or quality assurance expressly re-emphasises this aspect for machines manufactured in series.

Amendment 80
Annex XII, paragraph 2 a (new)
 

The body must participate in the coordination aimed at the uniform application of this directive (See Article 17 (b) (new) and implement the measures agreed upon there.

Justification

The inclusion of these criteria and the resulting clarification, making it easier to identify the requirements in Annex XII, seem appropriate.

(1)OJ C 154, 29 May 2001, p. 164.
(2)OJ L 393, 30 12.1989, p. 13, as amended by Directive 95/63/EC (OJ L 335, 30.12.1995, p. 28).
(3)OJ L 393, 30 12.1989, p. 13, as amended by Directive 95/63/EC (OJ L 335, 30.12.1995, p. 28).


DRAFT LEGISLATIVE RESOLUTION

European Parliament legislative resolution on the proposal for a directive of the European Parliament and of the Council on machinery and amending Directive 95/16/EC (COM(2000) 899 – C5‑0035/2001 – 2001/0004(COD))

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2000) 899(1)),

–   having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5‑0035/2001),

–   having regard to Rule 67 of its Rules of Procedure,

–   having regard to the report of the Committee on Legal Affairs and the Internal Market and the opinions of the Committee on Employment and Social Affairs and the Committee on the Environment, Public Health and Consumer Policy (A5‑0216/2001),

1.   Approves the Commission proposal as amended;

2.   Asks to be consulted again should the Commission intend to amend the proposal substantially or replace it with another text;

3.   Instructs its President to forward its position to the Council and Commission.

(1)OJ C 154, 29.03.2001, p.164.


EXPLANATORY STATEMENT

INTRODUCTION

The aim of this proposal for a Directive is to amend current Community legislation relating to machinery, consolidated by Directive 98/37/EC, and the Lifts Directive (95/16/EC). In so doing, account is to be taken of the recommendations made in 1995 by the Molitor Group, as well as of experience acquired hitherto and of problems which have arisen in connection with the application of the Community legislation referred to above.

Specific proposals for amendments were able to be discussed with experts at the hearing on 21 June 2001. In particular it emerged that the uniform application of the directive in the context of market surveillance, both between and within the individual Member States, still fails fully to reflect the objectives of an obstacle-free market.

Much more seriously, while at some points in this proposal the Commission uses underlining to indicate amendments to the existing text, at a considerable number of other vital points it fails to do so, thus making the work of the legislative bodies harder and the legislative procedure less transparent.

A fully unmarked text, that is the complete republication of the directive, would certainly have demanded a greater effort from interested parties; however, it is not a good idea to undermine the reader’s trust in the unamended nature of unmarked passages of the existing text right from the start, particularly since the interested parties (in this case the Members of the European Parliament) could well lose credibility by giving uncritical answers to questions from those affected by the directive.

In the light of this kind of procedure, the legal text before us can only be taken as a pars pro toto – as the body which initiates legislation, the Commission must take more care in its work!

Only the undeniable fact that the Commission’s proposals contain the germ of a real improvement has restrained your rapporteur from rejecting the proposal in its entirety on the grounds of fundamental shortcomings in the legislative procedure.

I.   BASIC POSITION ON THE COMMISSION PROPOSAL

Your rapporteur firmly supports the intention to simplify the Machinery Directive and to adapt it more effectively to practical requirements. He sees therein a step towards further facilitation of the free movement of goods and, at the same time, towards improving consumer protection and health protection, raising them to a very high level.

He acknowledges many positive aspects, such as clarifications in the scope of the Directive, more specific and more effective rules governing partly completed machinery and the extension of measures relating to market surveillance and leading to further optimisation of safety requirements.

However, despite the goal of simplifying the Directive, the effect has, in part, been the reverse. The classification is not very distinct, and many provisions are incomprehensible. The required clarification of the scope of the Directive has not been achieved. The provisions on partly completed machinery and market surveillance require improvement.

Your rapporteur welcomes the new approach to demarcation with regard to Community provisions on electrical equipment, the possibility of a regulatory procedure, in so far as specific technical specifications become necessary, and the adaptation of the conformity assessment procedure to meet actual requirements, particularly in the light of the role of harmonised standards, more especially in the field of Annex IV – Machinery.

II.   DETAILED ANALYSIS OF THE COMMISSION PROPOSAL

With regard to the individual provisions, your rapporteur would like clarification of the following particular issues.

1.   Scope (Article 1)

The structure chosen gives rise to problems relating to the scope of the Directive. The scope should be defined more clearly with regard to vehicles of all types, theatre elevators and motors.

2.   Definitions (Article 2)

In particular it seems appropriate for purposes of the readability and clarity of the directive to place the ‘manufacturer’, the ‘authorised representative’ and the ‘person marketing machinery’ on the same footing to the extent that particular obligations are incumbent on at least one of these.

3.   Partly completed machinery

The structure of the Directive should be improved so that it is immediately clear that partly completed machinery is also covered by the scope of this Directive. On the one hand, that means that partly completed machinery is subject to the health and safety requirements and, on the other, that account must be taken of the limited liability of manufacturers and/or importers for the conformity of the completed machinery.

4.   Market surveillance

As a general rule, Member States will maintain just one market surveillance system each. The ‘Product’ safeguard clause (Article 11) should enable traders to be covered by the measures as well, and enable the recall of products subject to certain conditions, and the exchange of emergency information between the Member States and the Commission where serious risks to life and health are involved.

5.   ‘Withdrawal’ clause (Article 9)

With regard to Article 9, it must be made clear that the Commission originally intended it to apply solely to technically outdate machinery. This article may be deleted, since the procedure under Article 9 cannot be clearly distinguished from the procedure under Article 11.

6.   Procedures for the conformity assessment of machinery (Article 12)

Responsibility for conformity assessment should in future be more clearly established.

7.   Notified bodies (Article 14)

The requirements relating to notified bodies should be drafted in such a way that they are as equivalent as possible in all single market legislation. In addition, the Member States should be required to monitor permanent compliance with the criteria and, where appropriate, to revoke appointment. Annex XII needs to be adapted on the same basis.

8.   CE marking (Article 16)

With regard to Article 16, your rapporteur queries how CE marking may be supplemented by external certification procedures. The question arises in particular of the extent to which CE marking and the certification procedures involved could be regulated by a framework directive on CE marking.

CE marking affects citizens of the Union in their daily life. Your rapporteur feels that the Commission’s intention, as expressed in the proposal for a directive, to enhance the significance of CE marking by prohibiting other certification markings altogether or by relegating them to a subsidiary role represents a step in the wrong direction, not only because of consideration of WTO problems but also because of separate considerations about the concept of European Union.

Rather, the significance of CE marking must be separately enhanced, with the possibility being maintained of other third-party certification markings being affixed to the machinery in question.

9.   Health requirements (Annex I)

Some individual aspects of these requirements set out in Annex I need to be improved.

10.   Amendment of the Lifts Directive

The proposal for the amendment of the Lifts Directive is needed by reason of the misinterpretations and confusions surrounding the distinction between the Lifts and the Machinery Directives. This misinterpretation, arising from the unfortunate wording of the scope, has led to the appearance on the market, pursuant to the Machinery Directive, of lifts which differ externally from the lifts covered by the Lifts Directive only to the extent that they mostly operate at low speeds (less than 0.5 m/s) and are mainly installed in private dwelling houses.

The exclusion in Article 24(3) of lifts for the movement of persons of limited mobility, with a speed of not more than 0.1 m/s and a lifting height of not more than 4 m, restricts the use of lifts which can be installed in the public and private sphere to persons with limited mobility.

Gaps in definitions – and this does not apply only to the Lifts Directive – must no longer lead, through reducing the safety of products by this kind of manipulation or by technical alterations, to refuge being taken in the scope of other directives which lay down less stringent safety standards. This is a paradox which can no longer be accepted.

11.   Future opportunities for the European Parliament to have its say

Particularly in the light of the discussions in the post-Nice process, Parliament must ensure that it does not lose its current margin for manoeuvre in the legislative procedure. Procedures which provide for legislation to be further developed or amended by bodies which do not enjoy any democratic legitimation, without the Council and Parliament being involved, are unacceptable.

12.   Old machinery

Your rapporteur is aware of the problems of intervening in existing rights, and of the fact that this directive regulates only the marketing of new machinery, thus only affecting old machinery in exceptional cases. This legislation should thus result at least in encouraging the Commission to carry out a study of this nature.


OPINION OF THE COMMITTEE ON EMPLOYMENT AND SOCIAL AFFAIRS

12 September 2001

for the Committee on Legal Affairs and the Internal Market

on the proposal for a directive of the European Parliament and of the Council on machinery and amending directive 95/16/EC

(COM(2000) 899 – C5‑0035/2001 – 2001/0004(COD))

Draftsman: Manuel Pérez Álvarez

PROCEDURE

The Committee on Employment and Social Affairs appointed Manuel Pérez Álvarez draftsman at its meeting of 15 March 2001.

It considered the draft opinion at its meetings of 10 July and 11 and 12 September 2001.

At the last meeting it adopted the following amendments unanimously.

The following were present for the vote: Michel Rocard, chairman; Marie-Thérèse Hermange and José Ribeiro e Castro, vice-chairmen; Manuel Pérez Álvarez, draftsman; Jan Andersson, Elspeth Attwooll (for Luciana Sbarbati), María Antonia Avilés Perea, Regina Bastos, Andre Brie (for Herman Schmid), Philip Bushill-Matthews, Luigi Cocilovo, Elisa Maria Damião, Proinsias De Rossa, Jillian Evans, Carlo Fatuzzo, Ilda Figueiredo, Fiorella Ghilardotti, Marie-Hélène Gillig, Anne-Karin Glase, Koldo Gorostiaga Atxalandabaso, Richard Howitt (for Claude Moraes), Stephen Hughes, Karin Jöns, Ioannis Koukiadis, Rodi Kratsa-Tsagaropoulou, Jean Lambert, Elizabeth Lynne, Mario Mantovani, Manuel Medina Ortega (for Alejandro Cercas), Bartho Pronk, Jean Saint-Josse, Ilkka Suominen, Helle Thorning-Schmidt, Ieke van den Burg, Anne E.M. Van Lancker and Barbara Weiler.

SHORT JUSTIFICATION

The machinery directive applies to nearly all stationary and moveable machinery for commercial, industrial and private use across the EU. In particular, it sets legal requirements affecting the health and safety of millions of operators.

The proposal for revision of the machinery directive has as its legal basis Article 95 of the Treaty concerning the internal market, aiming thus at facilitating free movement of goods in the single market. However, Article 95.3 makes specific reference to the need to take account of health, safety and consumer protection, and the machinery directive contains an independent Annex covering essential health and safety requirements relating to the design and construction of machines. Moreover, as regards employees, it must always be seen in conjunction with the use of work equipment and the relevant directives emanating from the framework directive 89/391/EC on protection of the health and safety of workers.

It is difficult to ascertain how effective the existing machinery directive has been in maintaining a high level of health and safety. Certainly, there does not appear to have been any significant reduction in industrial accidents, although it is not possible to impute all accidents to defective machinery or the misuse thereof.

The limited studies that have been carried out on the existing directive suggest that the directive has led to a certain degree of confusion among manufacturers of machines, the companies using them and the operators themselves. The Commission is therefore attempting to recast the directive through its current proposal with a view to improving legal certainty and clarifying its scope, whilst maintaining the highest possible level of health and safety. Your draftsperson is not, however, convinced that the text before us today in COM(2000) 899 adequately achieves these aims.

The amendments he is therefore proposing can be grouped basically into four categories:

fundamental changes where amendments proposed by the Commission threaten to weaken health and safety provisions;
reinserting text from the existing directive where he believes the Commission has lost sight of important principles by proposing to delete the texts in its new proposal;
tightening up certain clauses and provisions in the interests of clarity, in line with the Commission’s overall goals, or to introduce correct terminology;
reference to other Community provisions in the field of protection of health and safety of workers, in particular the framework directive 89/391/EEC.

AMENDMENTS

The Committee on Employment and Social Affairs calls on the Committee on Legal Affairs and the Internal Market, as the committee responsible, to incorporate the following amendments in its report:

Text proposed by the Commission(1)   Amendments by Parliament
Amendment 1
Recital 3 a (new)
 

(3a)   Whereas existing national health and safety provisions providing protection against the risks caused by machinery must be approximated to ensure free movement on the market of machinery without lowering existing justified levels of protection in the Member States; whereas the provisions of this directive concerning the design and construction of machinery, essential for a safer working environment, shall be accompanied by specific provisions concerning the prevention of certain risks to which workers can be exposed at work, as well as by provisions based on the organisation of safety of workers in the working environment;

(OJ L 207, 23.7.1998, p.1, Directive 98/37/EC, Recital 7)

Justification

In line with the position taken by Parliament on many of the Community provisions concerning protection of workers’ health and safety, this recital explains that this directive must not lead to a lowering of existing levels of protection in the Member States. This recital, taken verbatim from the 1998 version of the machinery directive, should not be deleted in the course of this recasting of the directive.

Amendment 2
Recital 15 a (new)
 

(15a)   Whereas it was found necessary to improve the legislative framework in order to ensure an effective and appropriate contribution by employers and employees to the standardisation process;

(OJ L 207, 23.7.1998, p.1, Directive 98/37/EC, Recital 18)

Justification

Again, this recital is taken verbatim from the 1998 directive and should not be deleted from the new directive under discussion today, especially as evaluations that have taken place on the existing directive suggest that workers’ representatives are all too often excluded from the standardisation process, with the potential therefore to undermine health and safety standards.

Amendment 3
Article 1, paragraph 2, point j

(j)   products falling into the following areas:

(j)   products falling into the following areas:

(i)   household appliances,

(ii)   audio and video equipment,

(iii)   information technology equipment,

(iv)   office machinery and equipment,

(v)   circuit-breakers and switches;

(i)   household appliances,

(ii)   audio and video equipment,

(iii)   information technology equipment,

(iv)   office equipment,

(v)   circuit-breakers and switches;

Justification

The exclusion of office machinery is too broad as it would in practice lead to the exclusion of for example guillotines to cut paper, which are often run by electricity and are often the cause of accidents at work.

Amendment 4
Article 2, point i

(i)   ‘partly completed machinery’ means an assembly, fitted or intended to be fitted with a drive system, of linked parts or mechanical components which are almost a machine but which cannot themselves perform a specific application. Partly completed machinery is intended to be incorporated into or assembled with one or more machines or other partly completed machinery, thereby forming a single machine to which this Directive applies;

(i)   ‘partly completed machinery’ means an assembly, fitted or intended to be fitted with a drive system, of linked parts or mechanical components which are almost a machine but which cannot themselves perform a specific application. Partly completed machinery is intended to be incorporated into or assembled with one or more machines or other partly completed machinery, thereby forming a single machine to which this Directive applies. The supplier must take all appropriate measures, including instructions for assembly, to prevent the partly completed machinery being used on its own or for a purpose for which it was not designed; failure to comply with these provisions entails reclassification of the partly completed machinery as a machine;

Justification

This amendment aims to tighten up the definition of partly completed machinery for which there is very little standardisation and for which the suppliers bear little or no responsibility, although the addition of such components to a perfectly safe machine can increase the risk of accidents.

Amendment 5
Article 2, point k

(k)   ‘manufacturer’ means any natural or legal person who designs or manufactures machinery covered by this Directive, with a view to placing it on the market, under his own name or trademark. The manufacturer may also be:

(k)   ‘manufacturer’ means any natural or legal person who designs or manufactures machinery covered by this Directive, with a view to placing it on the market, under his own name or trademark. The manufacturer may also be:

(i)   any natural or legal person who designs or manufactures a machine covered by this Directive, or who has such a machine designed or manufactured, for his own use,

(i)   any natural or legal person who designs or manufactures a machine covered by this Directive, or who has such a machine designed or manufactured, for his own use,

(ii)   any natural or legal person who, when a machine covered by this Directive is placed on the market or put into service, is responsible for its conformity to this Directive;

(ii)   any natural or legal person who, when a machine covered by this Directive is placed on the market or put into service, is responsible for its conformity to this Directive;

 

(iii)   any natural or legal person who makes, or causes to be made, substantial modifications to an existing machine;

Justification

This amendment is designed to close a loophole whereby a manufacturer can avoid being covered by the directive if he substantially modifies an existing machine rather than designing a new machine.

Amendment 6
Article 12, paragraph 1

1.   Following the risk analysis described in Annex I, point 1.1.2, the manufacturer or his authorised representative shall apply one of the procedures for the assessment of conformity described in paragraphs 2 to 5.

1.   Following the risk analysis described in Annex I, point 1 of the preliminary observations, the manufacturer or his authorised representative shall apply one of the procedures for the assessment of conformity described in paragraphs 2 to 5.

Justification

Point 1.1.2. of Annex I is all about risk reduction strategies, but these require first a risk analysis/assessment. The risk analysis is the key to obtaining the information determining what are the relevant essential health and safety requirements and, consequently, to selecting and applying the appropriate safety measures. Point 1 of Annex I refers to the risk analysis.

Amendment 7
Article 15, paragraph 2

2.   Member States shall take whatever measures they deem necessary to ensure that their laws, regulations and administrative provisions relating to the installation and/or use of machinery are brought to the attention of the parties concerned. They shall inform the Commission thereof.

2.   Member States shall take whatever measures they deem necessary to ensure that their laws, regulations and administrative provisions relating to the installation and/or use of machinery are brought to the attention of the parties concerned, with a view to a better understanding of the relative provisions of this directive and the directives concerning minimum safety and health requirements for the use of work equipment by workers at work1. They shall inform the Commission thereof.

 

1 OJ L 393, 30.12.1989, p. 93 as amended by L 335, 30.12.1995, p. 28

Justification

If the aim of this directive is to simplify and clarify, it is vital that Member States make every effort to increase understanding of the directives’ provisions and how they tie in with the requirements of the work equipment directive concerning protection of workers.

Amendment 8
Article 18

Confidentiality

Confidentiality

Without prejudice to existing national provisions and practices in the area of confidentiality, Member States shall ensure that all parties concerned by the application of this Directive are bound to treat as confidential the information obtained in the execution of their tasks which is covered by professional secrecy, unless the divulging of such information is necessary in order to protect the health and safety of persons.

Without prejudice to existing national provisions and practices in the area of confidentiality, Member States shall ensure that all parties concerned by the application of this Directive are bound to treat as confidential the information obtained in the execution of their tasks which is covered by professional secrecy, unless the divulging of such information is necessary in order to protect the health and safety of persons.

The provisions of the first subparagraph shall not affect the obligations of the Member States and the notified bodies with regard to mutual information and the issuing of warnings, nor the obligations to provide information incumbent on the persons concerned under criminal law.

The provisions of the first subparagraph shall not affect the obligations of the Member States and the notified bodies with regard to mutual information and the issuing of warnings, nor the obligations to provide information incumbent on the persons concerned under criminal law, nor the provisions concerning information, consultation and participation of workers laid down in Articles 10 and 11 of Directive 89/391/EC on the introduction of measures to encourage improvements in the safety and health of workers at work.

The decisions taken by the Member States and by the Commission under Articles 9 and 11 must be published.

The decisions taken by the Member States and by the Commission under Articles 9 and 11 must be published.

Justification

It is important in the context of discussions on confidentiality to make reference to existing obligations on employers laid down in the framework directive on health and safety at work.

Amendment 9
Article 20

Right of defence

Right of defence

Any measure taken pursuant to this Directive which restricts the placing on the market and/or putting into service of a machine covered by this Directive shall state the exact grounds on which it is based. Such a measure 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 concerned and of the time limits to which such remedies are subject.

Any measure taken pursuant to this Directive which restricts the placing on the market and/or putting into service of a machine covered by this Directive shall state the exact grounds on which it is based. Such a measure 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 concerned and of the time limits to which such remedies are subject. It must also be notified to the workers’ representatives with specific responsibility for protecting workers’ health and safety, in line with the provisions of Directive 89/391/EC.

Justification

This amendment again intends to make the link between this directive and provisions on the protection of health and safety of workers.

Amendment 10
Article 26, paragraph 1

1.   Member States shall adopt and publish before 30 June 2004 the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.

1.   Member States shall adopt, publish and bring into force before 30 June 2004 the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.

They shall apply those provisions with effect from 1 January 2006.

 

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

Justification

If the transposition texts are adopted before 30 June 2004, they will replace existing national legislation. But as they do not come into force until 2006, some Member States would, for example, have to delay codifying them so that they would not immediately become part of the employment Code. Otherwise, the employment Code would contain articles that were not applicable, and articles that were no longer part of the Code would still be applicable for another two years.

Amendment 11
Annex I, Preliminary observations, paragraph 3 a (new)
 

3a.   The design must be studied and checked by a notified body, to which the manufacturer must apply, to ensure that it complies with the provisions of the directive.

Justification

It seems logical to include this procedure for checking the design as part of the process of checking that the product complies with the provisions of the directive, in order to ensure that all products placed on the market fulfil the applicable provisions of the directive.

Amendment 12
Annex I, Preliminary observations, paragraph 5 (new)
 

5.   Any new equipment placed on the market must be notified to the committee referred to at Article 22, which can then decide, as necessary, to revise the list of types of machinery at Annex IV to include the equipment it considers most dangerous.

Justification

Rather than waiting for an accident to reveal that a machine is dangerous, there should be a procedure to ensure that any new equipment that may present specific dangers is notified to the directive’s implementing committee.

Amendment 13
Annex I, 1.1.3

1.1.3.   Ergonomics

1.1.3.   Ergonomics

Under the intended conditions of use, the discomfort, fatigue and psychological stress faced by the operator must be reduced to the minimum possible taking ergonomic principles into account.

Under the intended conditions of use, the discomfort, fatigue and psychological stress faced by the operator must be reduced to the minimum possible taking ergonomic principles into account. The manufacturer shall take the measures necessary to ensure that the machinery is suitable for the work to be carried out with it or is properly adapted for that purpose and may be used without impairment to safety or health. Where it is not possible fully to ensure that the machinery can be used without risk to safety or health, the manufacturer shall take appropriate measures to minimise the risks.

(Slight modification to text of Article 3, Directive 89/655/EEC, OJ L 393, 30.12.1989, p.13)

Justification

Adapted to the necessary wording for this legal basis, this amendment picks up the formulation from Article 3 of the work equipment directive (89/655/EC) to stress the need for manufacturers to minimise the risks involved in using machinery supplied by them.

Amendment 14
Annex I, 1.9, 2nd indent

-   where applicable, the name and address of the natural or legal person who assumes responsibility for its conformity to this Directive,

-   where applicable, the name and address of the natural or legal person who assumes responsibility for its conformity to this Directive, subject to the applicable provisions of the civil and criminal law in the countries whose jurisdiction covers the contracted work,

Justification

This amendment aims at legal clarity in the Member States.

Amendment 15
Annex I, 1.10.1 (d)

(d)   In the case of machinery which may be intended for use by non-professional operators, the wording and layout of the instructions for use must take into account the level of general education and acumen that can reasonably be expected from such operators.

(d)   In the case of machinery which may be intended for use by non-professional operators, the wording and layout of the instructions for use must take into account the level of general education and acumen that can reasonably be expected from such operators. In the event of this equipment being used by workers, the wording and layout of the instructions must take into consideration their capabilities as regards health and safety, pursuant to Article 6 paragraph 3(b) of Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work.

Justification

It is important to foresee the possibility that such machinery might also be used by professional operators, in which case the provisions of the framework health and safety directive will still apply.

Amendment 16
Annex I, 1.10.2 (o)

(o)   the obligation on the part of the user to comply with the provisions relating to the use of work equipment and in particular Council Directive 89/655/EEC1,

1OJ L 393, 30 12.1989, p. 13, as amended by Directive 95/63/EC (OJ L 335, 30.12.1995, p. 28).

(o)   the obligation on the part of the user to comply with the provisions relating to the use of work equipment and in particular Council Directive 89/655/EEC1, subject to the employer’s general safety obligations described in Directive 89/391/EEC of June 1989,

1OJ L 393, 30 12.1989, p. 13, as amended by Directive 95/63/EC (OJ L 335, 30.12.1995, p. 28).

Justification

It is important to refer to the general obligations laid down in the framework directive on health and safety as well as the provisions of the individual directive on work equipment.

Amendment 17
Annex VI, point 1 (a) (new indent)

The technical file shall comprise the following:

The technical file shall comprise the following:

(a)   a construction file including:

(a)   a construction file including:

 

-   documentation on the risk assessment, showing the procedure followed and the results achieved,

Justification

Apart from establishing the obligation to carry out a risk assessment in the preliminary observations at Annex I, it must be clearly stated that the documentation corresponding to the risk assessment must form part of this file. The most appropriate place for this in Annex VI, which concerns the content of the technical file.

(1)OJ C 154E, 29.5.2001, p. 164


OPINION OF THE COMMITTEE ON THE ENVIRONMENT, PUBLIC HEALTH AND CONSUMER POLICY

17 September 2001

for the Committee on Legal Affairs and the Internal Market

on the proposal for a directive of the European Parliament and of the Council on machinery and amending Directive 95/16/EC

(COM(2000) 899 – C5‑0035/2001 – 2001/0004((COD))

Draftsman: Karl-Heinz Florenz

PROCEDURE

The Committee on the Environment, Public Health and Consumer Policy appointed Karl-Heinz Florenz draftsman at its meeting of 11 April 2001.

It considered the draft opinion at its meetings of 27 August 2001 and 12 September 2001.

At the latter meeting it adopted the following amendments unanimously.

The following were present for the vote: Caroline F. Jackson, chairman; Guido Sacconi, vice-chairman; Karl-Heinz Florenz, draftsman; Hans Blokland, David Robert Bowe, John Bowis, Philip Bushill-Matthews (for Per-Arne Arvidsson), Avril Doyle, Cristina Gutiérrez Cortines, Eija-Riitta Anneli Korhola, Bernd Lange, Torben Lund, Minerva Melpomeni Malliori, Emilia Franziska Müller, Rosemarie Müller, Giuseppe Nisticò, Marit Paulsen, Dagmar Roth-Behrendt, Horst Schnellhardt, Bart Staes (for Hiltrud Breyer), Catherine Stihler, Robert William Sturdy (for María del Pilar Ayuso González), and Antonios Trakatellis.

SHORT JUSTIFICATION

The aim of this draft directive is to simplify the current Machinery Directive in accordance with the recommendations of the Molitor Group. This effort is expressly to be welcomed. The Machinery Directive represents one of the success stories of the New Approach. It has made a significant contribution to achieving the free movement of machinery whilst at the same time meeting high health and safety standards.

The Commission's draft text forms a good basis for simplifying the Machinery Directive and adapting it to practical requirements. From a consumer policy point of view, the introduction of a prohibition clause for categories of potentially hazardous machinery is especially to be welcomed. However, it needs to be specified that this clause will only apply to machinery produced a long time previously and which is no longer in line with technical progress.

The Commission's intention significantly to enhance the importance of the CE marking should also be endorsed. However, going about this by supplanting traditional national safety marks is the wrong approach. The importance of the CE marking should be enhanced independently, whilst retaining traditional marks. Above all, as long as the CE marking does not yet have the confidence of consumers and users, traditional safety marks awarded by accredited national testing agencies are an important means of providing consumers with the assurances they need.

AMENDMENTS

The Committee on the Environment, Public Health and Consumer Policy calls on the Committee on Legal Affairs and the Internal Market, as the committee responsible, to incorporate the following amendments in its report:

Text proposed by the Commission(1)   Amendments by Parliament
Amendment 1
Recital 2

(2)   The machinery sector is an important part of the engineering industry and is one of the industrial mainstays of the Community economy. The social cost of the large number of accidents caused directly by the use of machinery can be reduced by inherently safe design and construction of machinery and by proper installation and maintenance.

(2)   The machinery sector is an important part of the engineering industry and is one of the industrial mainstays of the Community economy. The social cost of the large number of accidents caused directly by the use of machinery can be reduced by inherently safe design and construction of machinery and by proper installation and maintenance. Moreover, environmental performance can be improved, in particular in terms of reducing energy consumption, dangerous substances, waste and emissions.

Justification

Self-explanatory.

Amendment 2
Recital 3

(3)   Member States are responsible for ensuring the health and safety on their territory of persons, in particular of workers and consumers and, where appropriate, of domestic animals and goods, notably in relation to the risks arising out of the use of machinery.

(3)   Member States are responsible for ensuring the health and safety on their territory of persons, in particular of workers and consumers and, where appropriate, of domestic animals and goods, notably in relation to the risks arising out of the use of machinery. Member States should also report accidents that occur with machinery covered by this Directive.

Justification

Self-explanatory.

Amendment 3
Recital 7 a (new)
 

(7a)   Specific equipment for use in fairgrounds and amusement parks has to date, as a result of different technical requirements, not come within the scope of this directive. However, it should be noted that, in the case of such equipment, in contrast to other machinery excluded from the scope of the directive as listed in Article 1(2), there is no specific Community legislation which takes adequate account of the safety needs of those using the equipment. The Commission is therefore called upon either to propose that specific equipment for use in fairgrounds and amusement parks be included within the scope of this directive and, in this connection, to define essential safety requirements for this category of machinery, or to submit as soon as possible an individual directive laying down essential health and safety requirements for specific equipment for use in fairgrounds and amusement parks.

Justification

The Commission already discussed a draft text of a directive on specific equipment for use in fairgrounds and amusement parks with those concerned some ten years ago. However, this initiative was halted by the Member States at their summit in Edinburgh in 1992; they gave the argument that rules in this area should be laid down at national level in accordance with the subsidiarity principle. No action has, though, been taken by the majority of Member States.

Amendment 4
Recital 17

(17)   The CE marking should be fully recognised as being the only marking which guarantees that the machinery conforms to the requirements of this Directive. All other markings which are liable to mislead third parties as to the meaning or the form of the CE marking should be prohibited.

(17)   The CE marking should be fully recognised as being the only marking certifying that the machinery conforms to the requirements of this Directive.

It is recognised, however, that, in a competitive market, voluntary certification and marking schemes developed by consumer organisations, manufacturers, operators and other industry actors contribute to quality and are a useful means of improving consumers' confidence in products. Member States may support such schemes, provided that the latter are compatible with the competition rules of the Treaty.

All other markings which, as a result of their graphic form, are liable to mislead third parties as to the meaning or the form1 of the CE marking should be prohibited.

1 Translator's note: this paragraph of the amendment poses a problem as regards translation, as there are substantive differences between the German version of the Commission text and the English version (and several other language versions).

Justification

The Commission proposal effectively involves enhancing the importance of the CE marking by supplanting national safety marks. Whilst it is desirable to increase the importance of the CE marking, supplanting traditionally recognised certifying marks is the wrong approach. As long as the CE marking does not yet have consumers' absolute confidence, markings which can help provide consumers with the assurances they need should continue to be permitted. Safety marks granted by authorised, accredited testing agencies in the Member States should not be seen as competing with, but rather as complementing, the CE marking. In this connection, the original version of the text of the Machinery Directive, which increases the importance of the CE marking without restricting the use of other recognised safety marks, is preferable.

Amendment 5
Recital 19

(19)   The manufacturer or his authorised representative should also be obliged to carry out a risk analysis for the machinery which he wishes to place on the market. For this purpose, he should determine which are the essential health and safety requirements applicable to his machinery and in respect of which he must take measures.

(19)   The manufacturer or his authorised representative should also be obliged to carry out a risk analysis for the machinery which he wishes to place on the market. For this purpose, he should determine which are the essential health and safety requirements applicable to his machinery and in respect of which he must take measures. The manufacturer should be obliged to submit an annual report to the Member States on safety faults.

Justification

Self-explanatory.

Amendment 6
Article 9

Where a Member State considers, with regard to a given category of machinery that it is necessary, in order to protect safety and health, to prohibit or restrict its placing on the market or make it subject to special conditions, it shall take or envisage all necessary and justified transitional measures. It shall then inform the Commission and the other Member States thereof, indicating its reasons.

The Commission shall consult the Member States and other interested parties, indicating to them the measures it intends to take at Community level. The Commission shall adopt, if the national measures are justified and if Community action can ensure a high level of protection of the health and safety of its citizens, the Community measures necessary under the procedure referred to in Article 22(3).

Where machinery is no longer in line with technical progress and where a Member State considers, with regard to this category of machinery, that it is necessary, in order to protect safety and health, to prohibit or restrict its placing on the market or make it subject to special conditions, it shall take or envisage all necessary and justified transitional measures. It shall then inform the Commission and the other Member States thereof, indicating its reasons.

The Commission shall consult the Member States and other interested parties, indicating to them the measures it intends to take at Community level. The Commission shall propose, if the national measures are justified and if Community action can ensure a high level of protection of the health and safety of its citizens, the Community measures necessary.

Justification

In accordance with the Commission's original intention, it should be specified that this 'prohibition clause' only applies to machinery produced a long time previously and which is no longer in line with technical progress. That distinguishes Article 9 from the scope of the 'product' safeguard clause (Article 11).

Amendment 7
Article 16, paragraph 3

3.   The affixing on machinery of markings which are likely to mislead third parties as to the meaning or form of the CE marking shall be prohibited.

Any other marking may be affixed to the machinery provided that the visibility, legibility and meaning of the CE marking is not thereby impaired.

3.   The affixing on machinery of markings which are likely to deceive third parties as to the meaning and form of the CE marking shall be prohibited.

Any other marking may be affixed to the machinery provided that the visibility and legibility of the CE marking is not thereby reduced1.

1Translator's note: word amended in English in order to use the same wording as the original Machinery Directive, in line with other amended text in this paragraph 3.

Justification

The Commission proposal effectively involves enhancing the importance of the CE marking by supplanting national safety marks. Whilst it is desirable to increase the importance of the CE marking, supplanting traditionally recognised certifying marks is the wrong approach. As long as the CE marking does not yet have consumers' absolute confidence, markings which can help provide consumers with the assurances they need should continue to be permitted. Safety marks granted by authorised, accredited testing agencies in the Member States should not be seen as competing with, but rather as complementing, the CE marking. In this connection, the original version of the text of the Machinery Directive, which increases the importance of the CE marking without restricting the use of other recognised safety marks, is preferable.

(1)OJ C 154, 29.5.2001, p. 164

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