02006L0042 — EN — 26.07.2019 — 005.

001 — 1

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►B DIRECTIVE 2006/42/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 17 May 2006
on machinery, and amending Directive 95/16/EC (recast)
(Text with EEA relevance)
(OJ L 157, 9.6.2006, p. 24)

Amended by:

Official Journal

No page date
►M1 Regulation (EC) No 596/2009 of the European Parliament and of the L 188 14 18.7.2009
Council of 18 June 2009
►M2 Directive 2009/127/EC of the European Parliament and of the Council L 310 29 25.11.2009
of 21 October 2009
►M3 Regulation (EU) No 167/2013 of the European Parliament and of the L 60 1 2.3.2013
Council of 5 February 2013
►M4 Directive 2014/33/EU of the European Parliament and of the Council of L 96 251 29.3.2014
26 February 2014
►M5 Regulation (EU) 2019/1243 of the European Parliament and of the L 198 241 25.7.2019
Council of 20 June 2019

Corrected by:

►C1 Corrigendum, OJ L 76, 16.3.2007, p. 35 (2006/42/EC)

 02006L0042 — EN — 26.07.2019 — 005.001 — 2

▼B
DIRECTIVE 2006/42/EC OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL
of 17 May 2006
on machinery, and amending Directive 95/16/EC (recast)
(Text with EEA relevance)

Article 1
Scope

1. This Directive applies to the following products:

(a) machinery;

(b) interchangeable equipment;

(c) safety components;

(d) lifting accessories;

(e) chains, ropes and webbing;

(f) removable mechanical transmission devices;

(g) partly completed machinery.

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 and supplied by the manufacturer of the
original machinery;

(b) specific equipment for use in fairgrounds and/or 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;

(d) weapons, including firearms;

(e) the following means of transport:

▼M3
— agricultural and forestry tractors, with the exclusion of
machinery mounted on those vehicles,

▼B
— motor vehicles and their trailers covered by Council Directive
70/156/EEC of 6 February 1970 on the approximation of the
laws of the Member States relating to the type-approval of
motor vehicles and their trailers (1), with the exclusion of
machinery mounted on these vehicles,

(1) OJ L 42, 23.2.1970, p. 1. Directive as last amended by Commission Directive

2006/28/EC (OJ L 65, 7.3.2006, p. 27).
 02006L0042 — EN — 26.07.2019 — 005.001 — 3

▼B
— vehicles covered by Directive 2002/24/EC of the European
Parliament and of the Council of 18 March 2002 relating to
the type-approval of two or three-wheel motor vehicles (1),
with the exclusion of machinery mounted on these vehicles,

— motor vehicles exclusively intended for competition, and

— means of transport by air, on water and on rail networks with

the exclusion of machinery mounted on these means of
transport;

(f) seagoing vessels and mobile offshore units and machinery installed
on board such vessels and/or units;

(g) machinery specially designed and constructed for military or police

purposes;

(h) machinery specially designed and constructed for research purposes

for temporary use in laboratories;

(i) mine winding gear;

(j) machinery intended to move performers during artistic

performances;

(k) electrical and electronic products falling within the following areas,
insofar as they are covered by 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 (2):

— household appliances intended for domestic use,

— audio and video equipment,

— information technology equipment,

— ordinary office machinery,

— low-voltage switchgear and control gear,

— electric motors;

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

— switch gear and control gear,

— transformers.

(1) OJ L 124, 9.5.2002, p. 1. Directive as last amended by Commission Directive

2005/30/EC (OJ L 106, 27.4.2005, p. 17).
(2) OJ L 77, 26.3.1973, p. 29. Directive as amended by Directive 93/68/EEC
(OJ L 220, 30.8.1993, p. 1).
 02006L0042 — EN — 26.07.2019 — 005.001 — 4

▼B
Article 2
Definitions

For the purposes of this Directive, ‘machinery’ designates the products

listed in Article 1(1)(a) to (f).

The following definitions shall apply:

(a) ‘machinery’ means:

— an assembly, fitted with or intended to be fitted with a drive

system other than directly applied human or animal effort,
consisting of linked parts or components, at least one of
which moves, and which are joined together for a specific
application,

— an assembly referred to in the first indent, missing only the

components to connect it on site or to sources of energy and
motion,

— an assembly referred to in the first and second indents, ready to

be installed and able to function as it stands only if mounted on
a means of transport, or installed in a building or a structure,

— assemblies of machinery referred to in the first, second and

third indents or partly completed machinery referred to in
point (g) which, in order to achieve the same end, are
arranged and controlled so that they function as an integral
whole,

— an assembly of linked parts or components, at least one of

which moves and which are joined together, intended for
lifting loads and whose only power source is directly applied
human effort;

(b) ‘interchangeable equipment’ means a device which, after the

putting 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 tool;

(c) ‘safety component’ means a component:

— which serves to fulfil a safety function,

— which is independently placed on the market,

— the failure and/or malfunction of which endangers the safety of

persons, 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.

▼M5
An indicative list of safety components is set out in Annex V;
 02006L0042 — EN — 26.07.2019 — 005.001 — 5

▼B
(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;

(e) ‘chains, ropes and webbing’ means chains, ropes and webbing
designed and constructed for lifting purposes as part of lifting
machinery or lifting accessories;

(f) ‘removable mechanical transmission device’ means a removable

component for transmitting power between self-propelled
machinery or a tractor and another machine by joining them at
the first fixed bearing. When it is placed on the market with the
guard it shall be regarded as one product;

(g) ‘partly completed machinery’ means an assembly which is almost

machinery but which cannot in itself perform a specific application.
A drive system is partly completed machinery. Partly completed
machinery is only intended to be incorporated into or assembled
with other machinery or other partly completed machinery or
equipment, thereby forming machinery to which this Directive
applies;

(h) ‘placing on the market’ means making available for the first time in
the Community machinery or partly completed machinery with a
view to distribution or use, whether for reward or free of charge;

(i) ‘manufacturer’ means any natural or legal person who designs

and/or manufactures machinery or partly completed machinery
covered by this Directive and is responsible for the conformity of
the machinery or the partly completed machinery with this
Directive with a view to its being placed on the market, under
his own name or trademark or for his own use. In the absence
of a manufacturer as defined above, any natural or legal person
who places on the market or puts into service machinery or partly
completed machinery covered by this Directive shall be considered
a manufacturer;

(j) ‘authorised representative’ means any natural or legal person estab­

lished in the Community who has received a written mandate from
the manufacturer to perform on his behalf all or part of the obli­
gations and formalities connected with this Directive;

(k) ‘putting into service’ means the first use, for its intended purpose,
in the Community, of machinery covered by this Directive;
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▼B
(l) ‘harmonised standard’ means a non-binding technical specification
adopted by a standardisation body, namely the European
Committee for Standardisation (CEN), the European Committee
for Electrotechnical Standardisation (CENELEC) or the European
Telecommunications Standards Institute (ETSI), on the basis of a
remit issued by the Commission in accordance with the procedures
laid down in Directive 98/34/EC of the European Parliament and of
the Council of 22 June 1998 laying down a procedure for the
provision of information in the field of technical standards and
regulations and of rules on Information Society services (1) ;

▼M2
(m) ‘essential health and safety requirements’ means mandatory
provisions relating to the design and construction of the products
subject to this Directive to ensure a high level of protection of the
health and safety of persons and, where appropriate, of domestic
animals and property and, where applicable, of the environment.

The essential health and safety requirements are set out in Annex I.
Essential health and safety requirements for the protection of the
environment are applicable only to the machinery referred to in
section 2.4 of that Annex.

▼B

Article 3
Specific Directives

Where, for machinery, the hazards referred to in Annex I are wholly or

partly covered more specifically by other Community Directives, this
Directive shall not apply, or shall cease to apply, to that machinery in
respect of such hazards from the date of implementation of those other
Directives.

Article 4
Market surveillance

▼M2
1. Member States shall take all appropriate measures to ensure that
machinery may be placed on the market and/or put into service only if it
satisfies the relevant provisions of this Directive and does not endanger
the health and safety of persons and, where appropriate, domestic
animals and property and, where applicable, the environment, when
properly installed and maintained and used for its intended purpose or
under reasonably foreseeable conditions.

▼B
2. Member States shall take all appropriate measures to ensure that
partly completed machinery can be placed on the market only if it
satisfies the relevant provisions of this Directive.

(1) OJ L 204, 21.7.1998, p. 37. Directive as last amended by the 2003 Act of
Accession.
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▼B
3. Member States shall institute or appoint the competent authorities
to monitor the conformity of machinery and partly completed machinery
with the provisions set out in paragraphs 1 and 2.

4. Member States shall define the tasks, organisation and powers of

the competent authorities referred to in paragraph 3 and shall notify the
Commission and other Member States thereof and also of any
subsequent amendment.

Article 5
Placing on the market and putting into service

1. Before placing machinery on the market and/or putting it into

service, the manufacturer or his authorised representative shall:

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

(b) ensure that the technical file referred to in Annex VII, part A is
available;

(c) provide, in particular, the necessary information, such as

instructions;

(d) carry out the appropriate procedures for assessing conformity in

accordance with Article 12;

(e) draw up the EC declaration of conformity in accordance with

Annex II, part 1, Section A and ensure that it accompanies the
machinery;

(f) affix the CE marking in accordance with Article 16.

2. Before placing partly completed machinery on the market, the

manufacturer or his authorised representative shall ensure that the
procedure referred to in Article 13 has been completed.

3. For the purposes of the procedures referred to in Article 12, the

manufacturer or his authorised representative shall have, or shall have
access to, the necessary means of ensuring that the machinery satisfies
the essential health and safety requirements set out in Annex I.

4. Where machinery is also the subject of other Directives relating to

other aspects and providing for the affixing of the CE marking, the
marking 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 Union, shall be
given on the EC declaration of conformity.
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▼B
Article 6
Freedom of movement

1. Member States shall 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.

2. Member States shall not prohibit, restrict or impede the placing on

the market of partly completed machinery where the manufacturer or his
authorised representative makes a declaration of incorporation, referred
to in Annex II, part 1, Section B, stating that it is to be incorporated into
machinery or assembled with other partly completed machinery to form
machinery.

3. At trade fairs, exhibitions, demonstrations, and such like, Member

States shall not prevent the showing of machinery or partly completed
machinery which does not conform to this Directive, provided that a
visible sign clearly indicates that it does not conform and that it will not
be made available until it has been brought into conformity.
Furthermore, during demonstrations of such non-conforming
machinery or partly completed machinery, adequate safety measures
shall be taken to ensure the protection of persons.

Article 7
Presumption of conformity and harmonised standards

1. Member States shall regard machinery bearing the CE marking

and accompanied by the EC declaration of conformity, the content of
which is set out in Annex II, part 1, Section A, as complying with the
provisions of this Directive.

2. Machinery manufactured in conformity with a harmonised

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

3. The Commission shall publish in the Official Journal of the

European Union the references of the harmonised standards.

4. Member States shall take the appropriate measures to enable the

social partners to have an influence at national level on the process of
preparing and monitoring the harmonised standards.

▼M1
Article 8
Specific measures

▼M5
1. The Commission is empowered to adopt delegated acts in
accordance with Article 21a amending Annex V to update the indicative
list of safety components.
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▼M1
2. The Commission, acting in accordance with the advisory
procedure referred to in Article 22(2), may take any appropriate
measure connected with the practical application of this Directive,
including measures necessary to ensure cooperation of Member States
with each other and with the Commission, as provided for in
Article 19(1).

▼B

Article 9
Specific measures to deal with potentially hazardous machinery

1. When, in accordance with the procedure referred to in Article 10,

the Commission considers that a harmonised standard does not entirely
satisfy the essential health and safety requirements which it covers and
which are set out in Annex I, the Commission may, in accordance with
paragraph 3 of this Article, take measures requiring Member States to
prohibit or restrict the placing on the market of machinery with
technical characteristics presenting risks due to the shortcomings in
the standard or to make such machinery subject to special conditions.

When, in accordance with the procedure referred to in Article 11, the

Commission considers that a measure taken by a Member State is
justified, the Commission may, in accordance with paragraph 3 of
this Article, take measures requiring Member States to prohibit or
restrict the placing on the market of machinery presenting the same
risk by virtue of its technical characteristics or to make such
machinery subject to special conditions.

2. Any Member State may request the Commission to examine the

need for the adoption of the measures referred to in paragraph 1.

▼M1
3. ►M2 In the cases referred to in paragraph 1, the Commission
shall consult the Member States and other interested parties, indicating
the measures it intends to take in order to ensure, at Community level, a
high level of protection of the health and safety of persons and, where
appropriate, of domestic animals and property and, where applicable, of
the environment. ◄

▼M5
Taking due account of the results of that consultation, the Commission
shall adopt the necessary measures by implementing acts. Those imple­
menting acts shall be adopted in accordance with the procedure referred
to in Article 22(3).

▼B
Article 10
Procedure for disputing a harmonised standard

Where a Member State or the Commission considers that a harmonised

standard does not entirely satisfy the essential health and safety
requirements which it covers and which are set out in Annex I, the
Commission or the Member State shall bring the matter before the
committee set up by Directive 98/34/EC, setting out the reasons
therefor. The committee shall deliver an opinion without delay. In the
light of the committee's opinion, the Commission shall decide to
publish, not to publish, to publish with restriction, to maintain, to
maintain with restriction or to withdraw the references to the
harmonised standard concerned in the Official Journal of the
European Union.
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▼B
Article 11
Safeguard clause

▼M2
1. Where a Member State ascertains that machinery covered by this
Directive, bearing the CE marking, accompanied by the EC declaration
of conformity and used in accordance with its intended purpose or
under reasonably foreseeable conditions, is liable to endanger the
health or safety of persons or, where appropriate, domestic animals or
property or, where applicable, the environment, it shall take all appro­
priate measures to withdraw such machinery from the market, to
prohibit the placing on the market and/or putting into service of such
machinery or to restrict the free movement thereof.

▼B
2. The Member State shall immediately inform the Commission and
the other Member States of any such measure, indicating the reasons for
its decision and, in particular, whether the non-conformity is due to:

(a) failure to satisfy the essential requirements referred to in

Article 5(1)(a);

(b) incorrect application of the harmonised standards referred to in

Article 7(2);

(c) shortcomings in the harmonised standards themselves referred to in

Article 7(2).

3. The Commission shall enter into consultation with the parties

concerned without delay.

The Commission shall consider, after this consultation, whether or not

the measures taken by the Member State are justified, and it shall
communicate its decision to the Member State which took the initiative,
the other Member States, and the manufacturer or his authorised
representative.

4. Where the measures referred to in paragraph 1 are based on a

shortcoming in the harmonised standards and if the Member State
which instigated the measures maintains its position, the Commission
or the Member State shall initiate the procedure referred to in
Article 10.

5. Where machinery does not conform and bears the CE marking, the
competent Member State shall take appropriate action against whom­
soever has affixed the marking and shall so inform the Commission.
The Commission shall inform the other Member States.

6. The Commission shall ensure that Member States are kept

informed of the progress and outcome of the procedure.

Article 12
Procedures for assessing the conformity of machinery

1. The manufacturer or his authorised representative shall, in order to

certify the conformity of machinery with the provisions of this
Directive, apply one of the procedures for assessment of conformity
described in paragraphs 2, 3 and 4.
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▼B
2. Where the machinery is not referred to in Annex IV, the manu­
facturer or his authorised representative shall apply the procedure for
assessment of conformity with internal checks on the manufacture of
machinery provided for in Annex VIII.

3. Where 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 essential
health and safety requirements, the manufacturer or his authorised rep­
resentative shall apply one of the following procedures:

(a) the procedure for assessment of conformity with internal checks on

the manufacture of machinery, provided for in Annex VIII;

(b) the EC type-examination procedure provided for in Annex IX, plus

the internal checks on the manufacture of machinery provided for in
Annex VIII, point 3;

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

4. Where 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
the harmonised standards do not cover all the relevant essential health
and safety requirements or if no harmonised standards exist for the
machinery in question, the manufacturer or his authorised representative
shall apply one of the following procedures:

(a) the EC type-examination procedure provided for in Annex IX, plus

the internal checks on the manufacture of machinery provided for in
Annex VIII, point 3;

(b) the full quality assurance procedure provided for in Annex X.

Article 13
Procedure for partly completed machinery

1. The manufacturer of partly completed machinery or his authorised

representative shall, before placing it on the market, ensure that:

(a) the relevant technical documentation described in Annex VII, part B

is prepared;

(b) assembly instructions described in Annex VI are prepared;

(c) a declaration of incorporation described in Annex II, part 1, Section

B has been drawn up.

2. The assembly instructions and the declaration of incorporation

shall accompany the partly completed machinery until it is incorporated
into the final machinery and shall then form part of the technical file for
that machinery.
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▼B
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(3) and (4), together with the specific conformity assessment
procedures and categories of machinery for which these bodies have
been appointed 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 are
monitored regularly to check that they comply at all times with the
criteria set out in Annex XI. The notified body shall provide all
relevant information on request, including budgetary documents, to
enable the Member States to ensure that the requirements of
Annex XI are met.

3. Member States shall apply the criteria set out in Annex XI in

assessing the bodies to be notified and the bodies already notified.

4. The Commission shall publish in the Official Journal of the

European Union, 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 Union, shall be presumed to fulfil the
relevant 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 an
EC type-examination certificate or the approval of a quality assurance
system should not have been issued, it shall, taking account of the
principle of proportionality, suspend or withdraw the certificate or the
approval issued or place restrictions on it, giving detailed reasons,
unless compliance with such requirements is ensured by the implemen­
tation of appropriate corrective measures by the manufacturer. In the
event of suspension or withdrawal of the certificate or the approval 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 competent authority pursuant to Article 4. The Member
State shall inform the other Member States and the Commission
without delay. An appeal procedure shall be available.

7. The Commission shall provide for the organisation of an exchange

of experience between the authorities responsible for appointment,
notification and monitoring of notified bodies in the Member States,
and the notified bodies, in order to coordinate the uniform application
of this Directive.
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▼B
8. A Member State which has notified a body shall immediately
withdraw its notification if it finds:

(a) that the body no longer meets the criteria set out in Annex XI; or

(b) that the body seriously fails to fulfil its responsibilities.

The Member State shall immediately inform the Commission and the
other Member States accordingly.

Article 15
Installation and use of machinery

This Directive shall not affect Member States' entitlement to lay down,
in due observance of Community law, such requirements as they may
deem necessary to ensure that persons, and in particular workers, are
protected when using machinery, provided that this does not mean that
such machinery is modified in a way not specified in this Directive.

Article 16
CE marking

1. The CE conformity marking shall consist of the initials ‘CE’ as

shown in Annex III.

2. The CE marking shall be affixed to the machinery visibly, legibly

and indelibly in accordance with Annex III.

3. The affixing on machinery of markings, signs and inscriptions

which are likely to mislead third parties as to the meaning or form of
the CE marking, or both, 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.

Article 17
Non-conformity of marking

1. Member States shall consider the following marking not to

conform:

(a) the affixing of the CE marking pursuant to this Directive on

products not covered by this Directive;

(b) the absence of the CE marking and/or the absence of the EC

declaration of conformity for machinery;

(c) the affixing on machinery of a marking, other than the CE marking,

which is prohibited under Article 16(3).
 02006L0042 — EN — 26.07.2019 — 005.001 — 14

▼B
2. Where a Member State ascertains that marking does not conform
to the relevant provisions of this Directive, the manufacturer or his
authorised representative shall be obliged to make the product
conform and to put an end to the infringement under conditions fixed
by that Member State.

3. Where non-conformity persists, the Member State shall take all

appropriate measures to restrict or prohibit the placing on the market of
the product in question or to ensure that it is withdrawn from the market
in accordance with the procedure laid down in Article 11.

Article 18
Confidentiality

1. Without prejudice to existing national provisions and practices in

the area of confidentiality, Members States shall ensure that all parties
and persons concerned by the application of this Directive are required
to treat as confidential information obtained in the execution of their
tasks. More particularly business, professional and trade secrets shall be
treated as confidential, unless the divulging of such information is
necessary in order to protect the health and safety of persons.

2. The provisions of paragraph 1 shall not affect the obligations of

the Member States and the notified bodies with regard to mutual
exchange of information and the issuing of warnings.

3. Any decisions taken by the Member States and by the

Commission in accordance with Articles 9 and 11 shall be published.

Article 19
Cooperation between Member States

1. Member States shall take the appropriate measures to ensure that

the competent authorities referred to in Article 4(3) cooperate with each
other and with the Commission and transmit to each other the
information necessary to enable this Directive to be applied uniformly.

2. The Commission shall provide for the organisation of an exchange

of experience between the competent authorities responsible for market
surveillance in order to coordinate the uniform application of this
Directive.

Article 20
Legal remedies

Any measure taken pursuant to this Directive which restricts the placing
on the market and/or putting into service of any machinery 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.
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▼B
Article 21
Dissemination of information

The Commission shall take the necessary measures for appropriate

information concerning the implementation of this Directive to be
made available.

▼M5
Article 21a
Exercise of the delegation

1. The power to adopt delegated acts is conferred on the Commission

subject to the conditions laid down in this Article.

2. The power to adopt delegated acts referred to in Article 8(1) shall

be conferred on the Commission for a period of five years from 26 July
2019. The Commission shall draw up a report in respect of the
delegation of power not later than nine months before the end of the
five-year period. The delegation of power shall be tacitly extended for
periods of an identical duration, unless the European Parliament or the
Council opposes such extension not later than three months before the
end of each period.

3. The delegation of power referred to in Article 8(1) may be

revoked at any time by the European Parliament or by the Council. A
decision to revoke shall put an end to the delegation of the power
specified in that decision. It shall take effect the day following the
publication of the decision in the Official Journal of the European
Union or at a later date specified therein. It shall not affect the
validity of any delegated acts already in force.

4. Before adopting a delegated act, the Commission shall consult

experts designated by each Member State in accordance with the prin­
ciples laid down in the Interinstitutional Agreement of 13 April 2016 on
Better Law-Making (1).

5. As soon as it adopts a delegated act, the Commission shall notify

it simultaneously to the European Parliament and to the Council.

6. A delegated act adopted pursuant to Article 8(1) shall enter into

force only if no objection has been expressed either by the European
Parliament or the Council within a period of three months of notifi­
cation of that act to the European Parliament and the Council or if,
before the expiry of that period, the European Parliament and the
Council have both informed the Commission that they will not object.
That period shall be extended by two months at the initiative of the
European Parliament or of the Council.

▼B

Article 22
Committee

1. The Commission shall be assisted by a committee, hereinafter

referred to as the ‘Committee’.

2. Where reference is made to this paragraph, Articles 3 and 7 of

Decision 1999/468/EC shall apply, having regard to the provisions of
Article 8 thereof.

(1) OJ L 123, 12.5.2016, p. 1.

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3. Where reference is made to this paragraph, Article 5 of Regu­
lation (EU) No 182/2011 of the European Parliament and of the Coun­
cil (1) shall apply.

▼M1
__________

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Article 23
Penalties

Member States shall lay down the rules on penalties applicable to

infringements of the national provisions adopted pursuant to this
Directive and shall take all measures necessary to ensure that they are
implemented. The penalties provided for must be effective, propor­
tionate and dissuasive. Member States shall notify those provisions to
the Commission by 29 June 2008 and shall notify it without delay of
any subsequent amendment affecting them.

▼M4
__________

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Article 25
Repeal

▼C1
Directive 98/37/EC is hereby repealed as from 29 December 2009.

▼B
References made to the repealed Directive shall be construed as being
made to this Directive and should be read in accordance with the
correlation table in Annex XII.

Article 26
Transposition

1. Member States shall adopt and publish the provisions necessary to

comply with this Directive by 29 June 2008 at the latest. They shall
forthwith inform the Commission thereof.

They shall apply those provisions with effect from 29 December 2009.

When Member States adopt those provisions, they shall contain a

reference to this Directive or shall be accompanied by such reference
on the occasion of their official publication. Member States shall
determine how such reference is to be made.

2. Member States shall communicate to the Commission the text of

the provisions of national law which they adopt in the field covered by
this Directive, together with a table showing how the provisions of this
Directive correspond to the national provisions adopted.

(1) Regulation (EU) No 182/2011 of the European Parliament and of the Council
of 16 February 2011 laying down the rules and general principles concerning
mechanisms for control by Member States of the Commission’s exercise of
implementing powers (OJ L 55, 28.2.2011, p. 13).
 02006L0042 — EN — 26.07.2019 — 005.001 — 17

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Article 27
Derogation

Until 29 June 2011 Member States may allow the placing on the market
and the putting into service of portable cartridge-operated fixing and
other impact machinery which are in conformity with the national
provisions in force upon adoption of this Directive.

Article 28
Entry into force

This Directive shall enter into force on the 20th day following its
publication in the Official Journal of the European Union.

Article 29
Addressees

This Directive is addressed to the Member States.

 02006L0042 — EN — 26.07.2019 — 005.001 — 18

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ANNEX I

Essential health and safety requirements relating to the the design and
construction of machinery

GENERAL PRINCIPLES

1. The manufacturer of machinery or his authorised representative must ensure

that a risk assessment is carried out in order to determine the health and safety
requirements which apply to the machinery. The machinery must then be
designed and constructed taking into account the results of the risk
assessment.

By the iterative process of risk assessment and risk reduction referred to

above, the manufacturer or his authorised representative shall:

— determine the limits of the machinery, which include the intended use and
any reasonably foreseeable misuse thereof,

— identify the hazards that can be generated by the machinery and the
associated hazardous situations,

— estimate the risks, taking into account the severity of the possible injury or
damage to health and the probability of its occurrence,

— evaluate the risks, with a view to determining whether risk reduction is

required, in accordance with the objective of this Directive,

— eliminate the hazards or reduce the risks associated with these hazards by
application of protective measures, in the order of priority established in
section 1.1.2(b).

2. The obligations laid down by the essential health and safety requirements only
apply when the corresponding hazard exists for the machinery in question
when it is used under the conditions foreseen by the manufacturer or his
authorised representative or in foreseeable abnormal situations. In any
event, the principles of safety integration referred to in section 1.1.2 and
the obligations concerning marking of machinery and instructions referred
to in sections 1.7.3 and 1.7.4 apply.

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

▼M2
4. This Annex is organised in several parts. The first one is of general scope and
applicable to all kinds of machinery. The other parts refer to certain kinds of
more specific hazards. Nevertheless, it is essential to examine the whole of
this Annex in order to be sure of meeting all the relevant essential require­
ments. When machinery is being designed, the requirements of the general
part and the requirements of one or more of the other parts shall be taken into
account, depending on the results of the risk assessment carried out in
accordance with point 1 of these General Principles. Essential health and
safety requirements for the protection of the environment are applicable
only to the machinery referred to in section 2.4.
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1. ESSENTIAL HEALTH AND SAFETY REQUIREMENTS
1.1. GENERAL REMARKS
1.1.1. Definitions
For the purpose of this Annex:

(a) ‘hazard’ means a potential source of injury or damage to health;

(b) ‘danger zone’ means any zone within and/or around machinery
in which a person is subject to a risk to his health or safety;

(c) ‘exposed person’ means any person wholly or partially in a

danger zone;

(d) ‘operator’ means the person or persons installing, operating,

adjusting, maintaining, cleaning, repairing or moving machinery;

(e) ‘risk’ means a combination of the probability and the degree of

an injury or damage to health that can arise in a hazardous
situation;

(f) ‘guard’ means a part of the machinery used specifically to

provide protection by means of a physical barrier;

(g) ‘protective device’ means a device (other than a guard) which

reduces the risk, either alone or in conjunction with a guard;

(h) ‘intended use’ means the use of machinery in accordance with

the information provided in the instructions for use;

(i) ‘reasonably foreseeable misuse’ means the use of machinery in a

way not intended in the instructions for use, but which may
result from readily predictable human behaviour.

1.1.2. Principles of safety integration

(a) Machinery must be designed and constructed so that it is fitted for
its function, and can be operated, adjusted and maintained without
putting persons at risk when these operations are carried out under
the conditions foreseen but also taking into account any reasonably
foreseeable misuse thereof.

The aim of measures taken must be to eliminate any risk

throughout the foreseeable lifetime of the machinery including
the phases of transport, assembly, dismantling, disabling and
scrapping.

(b) In selecting the most appropriate methods, the manufacturer or his

authorised representative must apply the following principles, in
the order given:

— eliminate or reduce risks as far as possible (inherently safe

machinery design and construction),

— take the necessary protective measures in relation to risks that

cannot be eliminated,
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— inform users of the residual risks due to any shortcomings of
the protective measures adopted, indicate whether any
particular training is required and specify any need to
provide personal protective equipment.

(c) When designing and constructing machinery and when drafting the
instructions, the manufacturer or his authorised representative must
envisage not only the intended use of the machinery but also any
reasonably foreseeable misuse thereof.

The machinery must be designed and constructed in such a way as

to prevent abnormal use if such use would engender a risk. Where
appropriate, the instructions must draw the user's attention to ways
— which experience has shown might occur — in which the
machinery should not be used.

(d) Machinery must be designed and constructed to take account of

the constraints to which the operator is subject as a result of the
necessary or foreseeable use of personal protective equipment.

(e) Machinery must be supplied with all the special equipment and
accessories essential to enable it to be adjusted, maintained and
used safely.

1.1.3. Materials and products

The materials used to construct machinery or products used or created
during its use must not endanger persons' safety or health. In
particular, where fluids are used, machinery must be designed and
constructed to prevent risks due to filling, use, recovery or draining.

1.1.4. Lighting
Machinery must be supplied with integral lighting suitable for the
operations concerned where the absence thereof is likely to cause a
risk despite ambient lighting of normal intensity.

Machinery must be designed and constructed so that there is no area of

shadow likely to cause nuisance, that there is no irritating dazzle and
that there are no dangerous stroboscopic effects on moving parts due
to the lighting.

Internal parts requiring frequent inspection and adjustment, and main­

tenance areas must be provided with appropriate lighting.

1.1.5. Design of machinery to facilitate its handling

Machinery, or each component part thereof, must:

— be capable of being handled and transported safely,

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

damage.

During the transportation of the machinery and/or its component parts,

there must be no possibility of sudden movements or of hazards due to
instability as long as the machinery and/or its component parts are
handled in accordance with the instructions.
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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

— be designed so that it can be fitted with such attachments, or

— be shaped in such a way that standard lifting gear can easily be

attached.

Where machinery or one of its component parts is to be moved by

hand, it must:

— either be easily moveable, or

— be equipped for picking up and moving safely.

Special arrangements must be made for the handling of tools and/or

machinery parts which, even if lightweight, could be hazardous.

1.1.6. Ergonomics
Under the intended conditions of use, the discomfort, fatigue and
physical and psychological stress faced by the operator must be
reduced to the minimum possible, taking into account ergonomic prin­
ciples such as:

— allowing for the variability of the operator's physical dimensions,

strength and stamina,

— providing enough space for movements of the parts of the oper­

ator's body,

— avoiding a machine-determined work rate,

— avoiding monitoring that requires lengthy concentration,

— adapting the man/machinery interface to the foreseeable characte­

ristics of the operators.

1.1.7. Operating positions

The operating position must be designed and constructed in such a
way as to avoid any risk due to exhaust gases and/or lack of oxygen.

If the machinery is intended to be used in a hazardous environment

presenting risks to the health and safety of the operator or if the
machinery itself gives rise to a hazardous environment, adequate
means must be provided to ensure that the operator has good
working conditions and is protected against any foreseeable hazards.

Where appropriate, the operating position must be fitted with an

adequate cabin designed, constructed and/or equipped to fulfil the
above requirements. The exit must allow rapid evacuation.
Moreover, when applicable, an emergency exit must be provided in
a direction which is different from the usual exit.

1.1.8. Seating
Where appropriate and where the working conditions so permit, work
stations constituting an integral part of the machinery must be
designed for the installation of seats.

If the operator is intended to sit during operation and the operating

position is an integral part of the machinery, the seat must be provided
with the machinery.
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The operator's seat must enable him to maintain a stable position.
Furthermore, the seat and its distance from the control devices must
be capable of being adapted to the operator.

If the machinery is subject to vibrations, the seat must be designed and

constructed in such a way as to reduce the vibrations transmitted to the
operator 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 operator, footrests
covered with a slip-resistant material must be provided.

1.2. CONTROL SYSTEMS

1.2.1. Safety and reliability of control systems
Control systems must be designed and constructed in such a way as to
prevent hazardous situations from arising. Above all, they must be
designed and constructed in such a way that:

— they can withstand the intended operating stresses and external

influences,

— a fault in the hardware or the software of the control system does

not lead to hazardous situations,

— errors in the control system logic do not lead to hazardous

situations,

— reasonably foreseeable human error during operation does not lead

to hazardous situations.

Particular attention must be given to the following points:

— the machinery must not start unexpectedly,

— the parameters of the machinery must not change in an uncon­

trolled way, where such change may lead to hazardous situations,

— the machinery must not be prevented from stopping if the stop

command has already been given,

— no moving part of the machinery or piece held by the machinery

must fall or be ejected,

— automatic or manual stopping of the moving parts, whatever they

may be, must be unimpeded,

— the protective devices must remain fully effective or give a stop

command,

— the safety-related parts of the control system must apply in a

coherent way to the whole of an assembly of machinery and/or
partly completed machinery.

For cable-less control, an automatic stop must be activated when

correct control signals are not received, including loss of
communication.
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1.2.2. Control devices
Control devices must be:

— clearly visible and identifiable, using pictograms where

appropriate,

— positioned in such a way as to be safely operated without hesi­

tation or loss of time and without ambiguity,

— designed in such a way that the movement of the control device is

consistent with its effect,

— located outside the danger zones, except where necessary for

certain control devices such as an emergency stop or a teach
pendant,

— positioned in such a way that their operation cannot cause ad­

ditional risk,

— designed or protected in such a way that the desired effect, where a

hazard is involved, can only be achieved by a deliberate action,

— made in such a way as to withstand foreseeable forces; particular

attention must be paid to emergency stop devices liable to be
subjected to considerable forces.

Where a control device is designed and constructed to perform several

different actions, namely where there is no one-to-one correspondence,
the action to be performed must be clearly displayed and subject to
confirmation, where necessary.

Control devices must be so arranged that their layout, travel and

resistance to operation are compatible with the action to be performed,
taking account of ergonomic principles.

Machinery must be fitted with indicators as required for safe operation.

The operator must be able to read them from the control position.

From each control position, the operator must be able to ensure that
no-one is in the danger zones, or the control system must be designed
and constructed in such a way that starting is prevented while someone
is in the danger zone.

If neither of these possibilities is applicable, before the machinery

starts, an acoustic and/or visual warning signal must be given. The
exposed persons must have time to leave the danger zone or prevent
the machinery starting up.

If necessary, means must be provided to ensure that the machinery can

be controlled only from control positions located in one or more
predetermined zones or locations.

Where there is more than one control position, the control system must
be designed in such a way that the use of one of them precludes the
use of the others, except for stop controls and emergency stops.

When machinery has two or more operating positions, each position

must be provided with all the required control devices without the
operators hindering or putting each other into a hazardous situation.
 02006L0042 — EN — 26.07.2019 — 005.001 — 24

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1.2.3. Starting
It must be possible to start machinery only by voluntary actuation of a
control device 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 control device provided for the purpose, on condition that this
does not lead to a hazardous situation.

For machinery functioning in automatic mode, the starting of the

machinery, restarting after a stoppage, or a change in operating
conditions may be possible without intervention, provided this does
not lead to a hazardous situation.

Where machinery has several starting control devices and the operators
can therefore put each other in danger, additional devices must be
fitted to rule out such risks. If safety requires that starting and/or
stopping must be performed in a specific sequence, there must be
devices which ensure that these operations are performed in the
correct order.

1.2.4. Stopping
1.2.4.1. Normal stop
Machinery must be fitted with a control device whereby the machinery
can be brought safely to a complete stop.

Each workstation must be fitted with a control device to stop some or

all of the functions of the machinery, depending on the existing
hazards, so that the machinery is rendered safe.

The machinery's stop control must have priority over the start controls.

Once the machinery or its hazardous functions have stopped, the

energy supply to the actuators concerned must be cut off.

1.2.4.2. Operational stop

Where, for operational reasons, a stop control that does not cut off the
energy supply to the actuators is required, the stop condition must be
monitored and maintained.

1.2.4.3. Emergency stop

Machinery must be fitted with one or more emergency stop devices to
enable actual or impending danger to be averted.

The following exceptions apply:

— machinery in which an emergency stop device would not lessen

the risk, either because it would not reduce the stopping time or
because it would not enable the special measures required to deal
with the risk to be taken,
 02006L0042 — EN — 26.07.2019 — 005.001 — 25

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— portable hand-held and/or hand-guided machinery.

The device must:

— have clearly identifiable, clearly visible and quickly accessible

control devices,

— stop the hazardous process as quickly as possible, without creating

additional risks,

— where necessary, trigger or permit the triggering of certain

safeguard movements.

Once active operation of the emergency stop device has ceased

following a stop command, that command must be sustained by
engagement of the emergency stop device until that engagement is
specifically overridden; it must not be possible to engage the device
without triggering a stop command; it must be possible to disengage
the device only by an appropriate operation, and disengaging the
device must not restart the machinery but only permit restarting.

The emergency stop function must be available and operational at all

times, regardless of the operating mode.

Emergency stop devices must be a back-up to other safeguarding

measures and not a substitute for them.

1.2.4.4. Assembly of machinery

In the case of machinery or parts of machinery designed to work
together, the machinery must be designed and constructed in such a
way that the stop controls, including the emergency stop devices, can
stop not only the machinery itself but also all related equipment, if its
continued operation may be dangerous.

1.2.5. Selection of control or operating modes

The control or operating mode selected must override all other control
or operating modes, with the exception of the emergency stop.

If machinery has been designed and constructed to allow its use in

several control or operating modes requiring different protective
measures and/or work procedures, it must be fitted with a mode
selector which can be locked in each position. Each position of the
selector must be clearly identifiable and must correspond to a single
operating or control mode.

The selector may be replaced by another selection method which

restricts the use of certain functions of the machinery to certain
categories of operator.

If, for certain operations, the machinery must be able to operate with a
guard displaced or removed and/or a protective device disabled, the
control or operating mode selector must simultaneously:

— disable all other control or operating modes,

— permit operation of hazardous functions only by control devices

requiring sustained action,
 02006L0042 — EN — 26.07.2019 — 005.001 — 26

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— permit the operation of hazardous functions only in reduced risk
conditions while preventing hazards from linked sequences,

— prevent any operation of hazardous functions by voluntary or

involuntary action on the machine's sensors.

If these four conditions cannot be fulfilled simultaneously, the control

or operating mode selector must activate other protective measures
designed and constructed to ensure a safe intervention zone.

In addition, the operator must be able to control operation of the parts

he is working on from the adjustment point.

1.2.6. Failure of the power supply

The interruption, the re-establishment after an interruption or the fluc­
tuation in whatever manner of the power supply to the machinery must
not lead to dangerous situations.

Particular attention must be given to the following points:

— the machinery must not start unexpectedly,

— the parameters of the machinery must not change in an uncon­

trolled way when such change can lead to hazardous situations,

— the machinery must not be prevented from stopping if the

command has already been given,

— no moving part of the machinery or piece held by the machinery

must fall or be ejected,

— automatic or manual stopping of the moving parts, whatever they

may be, must be unimpeded,

— the protective devices must remain fully effective or give a stop

command.

1.3. PROTECTION AGAINST MECHANICAL HAZARDS

1.3.1. Risk of loss of stability
Machinery and its components and fittings must be stable enough to
avoid overturning, falling or uncontrolled movements during transpor­
tation, assembly, dismantling 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.

1.3.2. Risk of break-up during operation

The various parts of machinery and their linkages must be able to
withstand the stresses to which they are subject when used.

The durability of the materials used must be adequate for the nature of
the working environment foreseen by the manufacturer or his auth­
orised representative, in particular as regards the phenomena of
fatigue, ageing, corrosion and abrasion.
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The instructions must indicate the type and frequency of inspections
and maintenance required for safety reasons. They must, where appro­
priate, indicate the parts subject to wear and the criteria for
replacement.

Where a risk of rupture or disintegration remains despite the measures

taken, the parts concerned must be mounted, positioned and/or guarded
in such a way that any fragments will be contained, preventing
hazardous situations.

Both rigid and flexible pipes carrying fluids, particularly those under
high pressure, must be able to withstand the foreseen internal and
external stresses and must be firmly attached and/or protected to
ensure that no risk is posed by a rupture.

Where the material to be processed is fed to the tool automatically, the

following conditions must be fulfilled to avoid risks to persons:

— when the workpiece comes into contact with the tool, the latter
must have attained its normal working condition,

— when the tool starts and/or stops (intentionally or accidentally), the

feed movement and the tool movement must be coordinated.

1.3.3. Risks due to falling or ejected objects

Precautions must be taken to prevent risks from falling or ejected
objects.

1.3.4. Risks due to surfaces, edges or angles

Insofar as their purpose allows, accessible parts of the machinery must
have no sharp edges, no sharp angles and no rough surfaces likely to
cause injury.

1.3.5. Risks related to combined machinery

Where the machinery is intended to carry out several different oper­
ations with manual removal of the piece between each operation
(combined machinery), it must be designed and constructed in such
a way as to enable each element to be used separately without the
other elements constituting a risk for exposed persons.

For this purpose, it must be possible to start and stop separately any
elements that are not protected.

1.3.6. Risks related to variations in operating conditions

Where the machinery performs operations under different conditions of
use, it must be designed and constructed in such a way that selection
and adjustment of these conditions can be carried out safely and
reliably.

1.3.7. Risks related to moving parts

The moving parts of machinery must be designed and constructed in
such a way as to prevent risks of contact which could lead to accidents
or must, where risks persist, be fitted with guards or protective
devices.
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All necessary steps must be taken to prevent accidental blockage of
moving parts involved in the work. In cases where, despite the
precautions taken, a blockage is likely to occur, the necessary
specific protective devices and tools must, when appropriate, be
provided to enable the equipment to be safely unblocked.

The instructions and, where possible, a sign on the machinery shall

identify these specific protective devices and how they are to be used.

1.3.8. Choice of protection against risks arising from moving parts

Guards or protective devices designed to protect against risks arising
from moving parts must be selected on the basis of the type of risk.
The following guidelines must be used to help to make the choice.

1.3.8.1. Moving transmission parts

Guards designed to protect persons against the hazards generated by
moving transmission parts must be:

— either fixed guards as referred to in section 1.4.2.1, or

— interlocking movable guards as referred to in section 1.4.2.2.

Interlocking movable guards should be used where frequent access is

envisaged.

1.3.8.2. Moving parts involved in the process

Guards or protective devices designed to protect persons against the
hazards generated by moving parts involved in the process must be:

— either fixed guards as referred to in section 1.4.2.1, or

— interlocking movable guards as referred to in section 1.4.2.2, or

— protective devices as referred to in section 1.4.3, or

— a combination of the above.

However, when certain moving parts directly involved in the process

cannot be made completely inaccessible during operation owing to
operations requiring operator intervention, such parts must be fitted
with:

— fixed guards or interlocking movable guards preventing access to

those sections of the parts that are not used in the work, and

— adjustable guards as referred to in section 1.4.2.3 restricting access

to those sections of the moving parts where access is necessary.
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1.3.9. Risks of uncontrolled movements
When a part of the machinery has been stopped, any drift away from
the stopping position, for whatever reason other than action on the
control devices, must be prevented or must be such that it does not
present a hazard.

1.4. REQUIRED CHARACTERISTICS OF GUARDS AND

PROTECTIVE DEVICES
1.4.1. General requirements
Guards and protective devices must:

— be of robust construction,

— be securely held in place,

— not give rise to any additional hazard,

— 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,

and

— enable essential work to be carried out on the installation and/or

replacement of tools and for maintenance purposes by restricting
access exclusively to the area where the work has to be done, if
possible without the guard having to be removed or the protective
device having to be disabled.

In addition, guards must, where possible, protect against the ejection

or falling of materials or objects and against emissions generated by
the machinery.

1.4.2. Special requirements for guards

1.4.2.1. Fixed guards
Fixed guards must be fixed by systems that can be opened or removed
only with tools.

Their fixing systems must remain attached to the guards or to the

machinery when the guards are removed.

Where possible, guards must be incapable of remaining in place

without their fixings.

1.4.2.2. Interlocking movable guards

Interlocking movable guards must:

— as far as possible remain attached to the machinery when open,

— be designed and constructed in such a way that they can be

adjusted only by means of an intentional action.

Interlocking movable guards must be associated with an interlocking

device that:

— prevents the start of hazardous machinery functions until they are

closed and

— gives a stop command whenever they are no longer closed.

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Where it is possible for an operator to reach the danger zone before
the risk due to the hazardous machinery functions has ceased, movable
guards must be associated with a guard locking device in addition to
an interlocking device that:

— prevents the start of hazardous machinery functions until the guard

is closed and locked, and

— keeps the guard closed and locked until the risk of injury from the
hazardous machinery functions has ceased.

Interlocking movable guards must be designed in such a way that the

absence or failure of one of their components prevents starting or stops
the hazardous machinery functions.

1.4.2.3. Adjustable guards restricting access

Adjustable guards restricting access to those areas of the moving parts
strictly necessary for the work must be:

— adjustable manually or automatically, depending on the type of

work involved, and

— readily adjustable without the use of tools.

1.4.3. Special requirements for protective devices

Protective devices must be designed and incorporated into the control
system in such a way that:

— moving parts cannot start up while they are within the operator's
reach,

— persons cannot reach moving parts while the parts are moving, and

— the absence or failure of one of their components prevents starting

or stops the moving parts.

Protective devices must be adjustable only by means of an intentional

action.

1.5. RISKS DUE TO OTHER HAZARDS

1.5.1. Electricity supply
Where machinery has an electricity supply, it must be designed,
constructed and equipped in such a way that all hazards of an elec­
trical nature are or can be prevented.

The safety objectives set out in Directive 73/23/EEC shall apply to

machinery. However, the obligations concerning conformity
assessment and the placing on the market and/or putting into service
of machinery with regard to electrical hazards are governed solely by
this Directive.
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1.5.2. Static electricity
Machinery must be designed and constructed to prevent or limit the
build-up of potentially dangerous electrostatic charges and/or be fitted
with a discharging system.

1.5.3. Energy supply other than electricity

Where machinery is powered by source of energy other than elec­
tricity, it must be so designed, constructed and equipped as to avoid
all potential risks associated with such sources of energy.

1.5.4. Errors of fitting

Errors likely to be made when fitting or refitting certain parts which
could be a source of risk must be made impossible by the design and
construction of such parts or, failing this, by information given on the
parts themselves and/or their housings. The same information must be
given on moving parts and/or their housings where the direction of
movement needs to be known in order to avoid a risk.

Where necessary, the instructions must give further information on

these risks.

Where a faulty connection can be the source of risk, incorrect

connections must be made impossible by design or, failing this, by
information given on the elements to be connected and, where appro­
priate, on the means of connection.

1.5.5. Extreme temperatures

Steps must be taken to eliminate any risk of injury arising from
contact with or proximity to machinery parts or materials at high or
very low temperatures.

The necessary steps must also be taken to avoid or protect against the
risk of hot or very cold material being ejected.

1.5.6. Fire
Machinery must be designed and constructed in such a way as to
avoid any risk of fire or overheating posed by the machinery itself
or by gases, liquids, dust, vapours or other substances produced or
used by the machinery.

1.5.7. Explosion
Machinery must be designed and constructed in such a way as to
avoid any risk of explosion posed by the machinery itself or by
gases, liquids, dust, vapours or other substances produced or used
by the machinery.

Machinery must comply, as far as the risk of explosion due to its use
in a potentially explosive atmosphere is concerned, with the provisions
of the specific Community Directives.

1.5.8. Noise
Machinery must be designed and constructed in such a way that risks
resulting from the emission of airborne noise are reduced to the lowest
level, taking account of technical progress and the availability of
means of reducing noise, in particular at source.
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▼B
The level of noise emission may be assessed with reference to
comparative emission data for similar machinery.

1.5.9. Vibrations
Machinery must be designed and constructed in such a way 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.

The level of vibration emission may be assessed with reference to

comparative emission data for similar machinery.

1.5.10. Radiation
Undesirable radiation emissions from the machinery must be elim­
inated or be reduced to levels that do not have adverse effects on
persons.

Any functional ionising radiation emissions must be limited to the

lowest level which is sufficient for the proper functioning of the
machinery during setting, operation and cleaning. Where a risk
exists, the necessary protective measures must be taken.

Any functional non-ionising radiation emissions during setting,

operation and cleaning must be limited to levels that do not have
adverse effects on persons.

1.5.11. External radiation

Machinery must be designed and constructed in such a way that
external radiation does not interfere with its operation.

1.5.12. Laser radiation

Where laser equipment is used, the following should be taken into
account:

— laser equipment on machinery must be designed and constructed in

such a way as to prevent any accidental radiation,

— laser equipment on machinery must be protected in such a way that

effective radiation, radiation produced by reflection or diffusion
and secondary radiation do not damage health,

— optical equipment for the observation or adjustment of laser

equipment on machinery must be such that no health risk is
created by laser radiation.

1.5.13. Emissions of hazardous materials and substances

Machinery must be designed and constructed in such a way that risks
of inhalation, ingestion, contact with the skin, eyes and mucous
membranes and penetration through the skin of hazardous materials
and substances which it produces can be avoided.

Where a hazard cannot be eliminated, the machinery must be so

equipped that hazardous materials and substances can be contained,
evacuated, precipitated by water spraying, filtered or treated by another
equally effective method.

Where the process is not totally enclosed during normal operation of

the machinery, the devices for containment and/or evacuation must be
situated in such a way as to have the maximum effect.
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▼B
1.5.14. Risk of being trapped in a machine
Machinery must be designed, constructed or fitted with a means of
preventing a person from being enclosed within it or, if that is
impossible, with a means of summoning help.

1.5.15. Risk of slipping, tripping or falling

Parts of the machinery where persons are liable to move about or stand
must be designed and constructed in such a way as to prevent persons
slipping, tripping or falling on or off these parts.

Where appropriate, these parts must be fitted with handholds that are
fixed relative to the user and that enable them to maintain their
stability.

1.5.16. Lightning
Machinery in need of protection against the effects of lightning while
being used must be fitted with a system for conducting the resultant
electrical charge to earth.

1.6. MAINTENANCE
1.6.1. Machinery maintenance
Adjustment and maintenance points must be located outside danger
zones. It must be possible to carry out adjustment, maintenance, repair,
cleaning and servicing operations while machinery is at a standstill.

If one or more of the above conditions cannot be satisfied for technical

reasons, measures must be taken to ensure that these operations can be
carried out safely (see section 1.2.5).

In the case of automated machinery and, where necessary, other

machinery, a connecting device for mounting diagnostic fault-finding
equipment must be provided.

Automated machinery components which have to be changed

frequently must be capable of being removed and replaced easily
and safely. Access to the components must enable these tasks to be
carried out with the necessary technical means in accordance with a
specified operating method.

1.6.2. 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 where intervention is necessary
during operation, adjustment and maintenance of the machinery.

1.6.3. Isolation of energy sources

Machinery must be fitted with means to isolate it from all energy
sources. Such isolators must be clearly identified. They must be
capable of being locked if reconnection could endanger persons.
Isolators must also be capable of being locked where an operator is
unable, from any of the points to which he has access, to check that
the energy is still cut off.

In the case of machinery capable of being plugged into an electricity

supply, removal of the plug is sufficient, provided that the operator can
check from any of the points to which he has access that the plug
remains removed.
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▼B
After the energy is cut off, it must be possible to dissipate normally
any energy remaining or stored in the circuits of the machinery
without risk to persons.

As an exception to the requirement laid down in the previous para­

graphs, certain circuits may remain connected to their energy sources
in order, for example, to hold parts, to protect information, to light
interiors, etc. In this case, special steps must be taken to ensure
operator safety.

1.6.4. Operator intervention

Machinery must be so designed, constructed and equipped that the
need for operator intervention is limited. If operator intervention
cannot be avoided, it must be possible to carry it out easily and safely.

1.6.5. Cleaning of internal parts

The machinery must be designed and constructed in such a way that it
is possible to clean internal parts which have contained dangerous
substances or preparations without entering them; any necessary
unblocking must also be possible from the outside. If it is impossible
to avoid entering the machinery, it must be designed and constructed
in such a way as to allow cleaning to take place safely.

1.7. INFORMATION
1.7.1. Information and warnings on the machinery
Information and warnings on the machinery should preferably be
provided in the form of readily understandable symbols or pictograms.
Any written or verbal information and warnings must be expressed in
an official Community language or languages, which may be
determined in accordance with the Treaty by the Member State in
which the machinery is placed on the market and/or put into service
and may be accompanied, on request, by versions in any other official
Community language or languages understood by the operators.

1.7.1.1. Information and information devices

The information needed to control machinery must be provided in a
form that is unambiguous and easily understood. It must not be
excessive to the extent of overloading the operator.

Visual display units or any other interactive means of communication

between the operator and the machine must be easily understood and
easy to use.

1.7.1.2. Warning devices

Where the health and safety of persons may be endangered by a fault
in the operation of unsupervised machinery, the machinery must be
equipped in such a way as to give an appropriate acoustic or light
signal as a warning.

Where machinery is equipped with warning devices these must be

unambiguous and easily perceived. The operator must have facilities
to check the operation of such warning devices at all times.
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▼B
The requirements of the specific Community Directives concerning
colours and safety signals must be complied with.

1.7.2. Warning of residual risks

Where risks remain despite the inherent safe design measures, safe­
guarding and complementary protective measures adopted, the
necessary warnings, including warning devices, must be provided.

1.7.3. Marking of machinery

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

— the business name and full address of the manufacturer and, where
applicable, his authorised representative,

— designation of the machinery,

— the CE Marking (see Annex III),

— designation of series or type,

— serial number, if any,

— the year of construction, that is the year in which the manufac­

turing process is completed.

It is prohibited to pre-date or post-date the machinery when affixing

the CE marking.

Furthermore, machinery designed and constructed for use in a poten­

tially explosive atmosphere must be marked accordingly.

Machinery must also bear full information relevant to its type and
essential for safe use. Such information is subject to the requirements
set out in section 1.7.1.

Where a machine part must be handled during use with lifting

equipment, its mass must be indicated legibly, indelibly and
unambiguously.

1.7.4. Instructions
All machinery must be accompanied by instructions in the official
Community language or languages of the Member State in which it
is placed on the market and/or put into service.

The instructions accompanying the machinery must be either ‘Original

instructions’ or a ‘Translation of the original instructions’, in which
case the translation must be accompanied by the original instructions.

By way of exception, the maintenance instructions intended for use by

specialised personnel mandated by the manufacturer or his authorised
representative may be supplied in only one Community language
which the specialised personnel understand.

The instructions must be drafted in accordance with the principles set

out below.
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▼B
1.7.4.1. General principles for the drafting of instructions
(a) The instructions must be drafted in one or more official
Community languages. The words ‘Original instructions’ must
appear on the language version(s) verified by the manufacturer
or his authorised representative.

(b) 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 provided by the manufacturer or his
authorised representative or by the person bringing the machinery
into the language area in question. The translations must bear the
words ‘Translation of the original instructions’.

(c) The contents of the instructions must cover not only the intended
use of the machinery but also take into account any reasonably
foreseeable misuse thereof.

(d) In the case of machinery 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.

1.7.4.2. Contents of the instructions

Each instruction manual must contain, where applicable, at least the
following information:

(a) the business name and full address of the manufacturer and of his
authorised representative;

(b) the designation of the machinery as marked on the machinery

itself, except for the serial number (see section 1.7.3);

(c) the EC declaration of conformity, or a document setting out the

contents of the EC declaration of conformity, showing the
particulars of the machinery, not necessarily including the serial
number and the signature;

(d) a general description of the machinery;

(e) the drawings, diagrams, descriptions and explanations necessary

for the use, maintenance and repair of the machinery and for
checking its correct functioning;

(f) a description of the workstation(s) likely to be occupied by

operators;

(g) a description of the intended use of the machinery;

(h) warnings concerning ways in which the machinery must not be

used that experience has shown might occur;

(i) assembly, installation and connection instructions, including

drawings, diagrams and the means of attachment and the desig­
nation of the chassis or installation on which the machinery is to
be mounted;

(j) instructions relating to installation and assembly for reducing

noise or vibration;
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▼B
(k) instructions for the putting into service and use of the machinery
and, if necessary, instructions for the training of operators;

(l) information about the residual risks that remain despite the
inherent safe design measures, safeguarding and complementary
protective measures adopted;

(m) instructions on the protective measures to be taken by the user,

including, where appropriate, the personal protective equipment to
be provided;

(n) the essential characteristics of tools which may be fitted to the

machinery;

(o) the conditions in which the machinery meets the requirement of

stability during use, transportation, assembly, dismantling when
out of service, testing or foreseeable breakdowns;

(p) instructions with a view to ensuring that transport, handling and

storage operations can be made safely, giving the mass of the
machinery and of its various parts where these are regularly to
be transported separately;

(q) the operating method to be followed in the event of accident or

breakdown; if a blockage is likely to occur, the operating method
to be followed so as to enable the equipment to be safely
unblocked;

(r) the description of the adjustment and maintenance operations that

should be carried out by the user and the preventive maintenance
measures that should be observed;

(s) instructions designed to enable adjustment and maintenance to be

carried out safely, including the protective measures that should
be taken during these operations;

(t) the specifications of the spare parts to be used, when these affect
the health and safety of operators;

(u) the following information on airborne noise emissions:

— the A-weighted emission 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,

— the peak C-weighted instantaneous sound pressure value at

workstations, where this exceeds 63 Pa (130 dB in relation
to 20 μPa),

— the A-weighted sound power level emitted by the machinery,

where the A-weighted emission sound pressure level at work­
stations exceeds 80 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.

In the case of very large machinery, instead of the A-weighted

sound power level, the A-weighted emission sound pressure levels
at specified positions around the machinery may be indicated.
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▼B
Where the harmonised standards are not applied, sound levels
must be measured using the most appropriate method for the
machinery. Whenever sound emission values are indicated the
uncertainties surrounding these values must be specified. 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,

A-weighted 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 Community 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;

(v) where machinery is likely to emit non-ionising radiation which

may cause harm to persons, in particular persons with active or
non-active implantable medical devices, information concerning
the radiation emitted for the operator and exposed persons.

1.7.4.3. Sales literature

Sales literature describing the machinery must not contradict the
instructions as regards health and safety aspects. Sales literature
describing the performance characteristics of machinery must contain
the same information on emissions as is contained in the instructions.

2. SUPPLEMENTARY ESSENTIAL HEALTH AND SAFETY

REQUIREMENTS FOR CERTAIN CATEGORIES OF MACHINERY
▼M2
Foodstuffs machinery, machinery for cosmetics or pharmaceutical
products, hand-held and/or hand-guided machinery, portable fixing
and other impact machinery, machinery for working wood and
material with similar physical characteristics and machinery for
pesticide application must meet all the essential health and safety
requirements set out in this chapter (see General Principles, point 4).

▼B
2.1. FOODSTUFFS MACHINERY AND MACHINERY FOR
COSMETICS OR PHARMACEUTICAL PRODUCTS
2.1.1. General
Machinery intended for use with foodstuffs or with cosmetics or phar­
maceutical products must be designed and constructed in such a way
as to avoid any risk of infection, sickness or contagion.
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▼B
The following requirements must be observed:

(a) materials in contact with, or intended to come into contact with,

foodstuffs or cosmetics or pharmaceutical products must satisfy
the conditions set down in the relevant Directives. The
machinery must be designed and constructed in such a way that
these materials can be cleaned before each use. Where this is not
possible disposable parts must be used;

(b) all surfaces in contact with foodstuffs or cosmetics or phar­

maceutical products, other than surfaces of disposable parts, must:

— be smooth and have neither ridges nor crevices which could

harbour organic materials. The same applies to their joinings,

— be designed and constructed in such a way as to reduce the

projections, edges and recesses of assemblies to a minimum,

— be easily cleaned and disinfected, where necessary after

removing easily dismantled parts; the inside surfaces must
have curves with a radius sufficient to allow thorough
cleaning;

(c) it must be possible for liquids, gases and aerosols deriving from
foodstuffs, cosmetics or pharmaceutical products as well as from
cleaning, disinfecting and rinsing fluids to be completely
discharged from the machinery (if possible, in a ‘cleaning’ posi­
tion);

(d) machinery must be designed and constructed in such a way as to

prevent any substances or living creatures, in particular insects,
from entering, or any organic matter from accumulating in, areas
that cannot be cleaned;

(e) machinery must be designed and constructed in such a way that no

ancillary substances hazardous to health, including the lubricants
used, can come into contact with foodstuffs, cosmetics or phar­
maceutical products. Where necessary, machinery must be
designed and constructed in such a way that continuing
compliance with this requirement can be checked.

2.1.2. Instructions
The instructions for foodstuffs machinery and machinery for use with
cosmetics or pharmaceutical products must indicate recommended
products and methods for cleaning, disinfecting and rinsing, not only
for easily accessible areas but also for areas to which access is
impossible or inadvisable.

2.2. PORTABLE HAND-HELD AND/OR HAND-GUIDED

MACHINERY
2.2.1. General
Portable hand-held and/or hand-guided machinery must:

— depending on the type of machinery, have a supporting surface of

sufficient size and have a sufficient number of handles and
supports of an appropriate size, arranged in such a way as to
ensure the stability of the machinery under the intended
operating conditions,
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▼B
— except where technically impossible, or where there is an inde­
pendent control device, in the case of handles which cannot be
released in complete safety, be fitted with manual start and stop
control devices arranged in such a way that the operator can
operate them without releasing the handles,

— present no risks of accidental starting and/or continued operation

after the operator has released the handles. Equivalent steps must
be taken if this requirement is not technically feasible,

— permit, where necessary, visual observation of the danger zone and

of the action of the tool with the material being processed.

The handles of portable machinery must be designed and constructed

in such a way as to make starting and stopping straightforward.

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

— the vibration total value to which the hand-arm system is

subjected, if it exceeds 2,5 m/s2. Where this value does not
exceed 2,5 m/s2, this must be mentioned,

— the uncertainty of measurement.

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.

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, or the reference of the harmonised standard applied,
must be specified.

2.2.2. Portable fixing and other impact machinery

2.2.2.1. General
Portable fixing and other impact machinery must be designed and
constructed in such a way that:

— energy is transmitted to the impacted element by the intermediary

component that does not leave the device,

— an enabling device prevents impact unless the machinery is posi­

tioned correctly with adequate pressure on the base material,

— involuntary triggering is prevented; where necessary, an appro­

priate sequence of actions on the enabling device and the control
device must be required to trigger an impact,
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▼B
— accidental triggering is prevented during handling or in case of
shock,

— loading and unloading operations can be carried out easily and

safely.

Where necessary, it must be possible to fit the device with splinter

guard(s) and the appropriate guard(s) must be provided by the manu­
facturer of the machinery.

2.2.2.2. Instructions
The instructions must give the necessary information regarding:

— the accessories and interchangeable equipment that can be used

with the machinery,

— the suitable fixing or other impacted elements to be used with the

machinery,

— where appropriate, the suitable cartridges to be used.

2.3. MACHINERY FOR WORKING WOOD AND MATERIAL WITH

SIMILAR PHYSICAL CHARACTERISTICS
Machinery for working wood and materials with similar physical
characteristics must comply with the following requirements:

(a) the machinery must be designed, constructed or equipped in

such a way that the piece being machined can be placed and
guided in safety; where the piece is hand-held on a work-
bench, the latter must be sufficiently stable during the work
and must not impede the movement of the piece;

(b) where the machinery is likely to be used in conditions

involving the risk of ejection of workpieces or parts of them,
it must be designed, constructed, or equipped in such a way as
to prevent such ejection, or, if this is not possible, so that the
ejection does not engender risks for the operator and/or
exposed persons;

(c) the machinery must be equipped with an automatic brake that

stops the tool in a sufficiently short time if there is a risk of
contact with the tool whilst it runs down;

(d) where the tool is incorporated into a non-fully automated

machine, the latter must be designed and constructed in such
a way as to eliminate or reduce the risk of accidental injury.

▼M2
2.4. MACHINERY FOR PESTICIDE APPLICATION
2.4.1. Definition
‘Machinery for pesticide application’ means machinery specifically
intended for the application of plant protection products within the
meaning of Article 2(1) of Regulation (EC) No 1107/2009 of the
European Parliament and of the Council of 21 October 2009
concerning the placing of plant protection products on the market (1).

(1) OJ L 309, 24.11.2009, p. 1.

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▼M2
2.4.2. General
The manufacturer of machinery for pesticide application or his auth­
orised representative must ensure that an assessment is carried out of
the risks of unintended exposure of the environment to pesticides, in
accordance with the process of risk assessment and risk reduction
referred to in the General Principles, point 1.

Machinery for pesticide application must be designed and constructed

taking into account the results of the risk assessment referred to in the
first paragraph so that the machinery can be operated, adjusted and
maintained without unintended exposure of the environment to
pesticides.

Leakage must be prevented at all times.

2.4.3. Controls and monitoring

It must be possible to easily and accurately control, monitor and im­
mediately stop the pesticide application from the operating positions.

2.4.4. Filling and emptying

The machinery must be designed and constructed to facilitate precise
filling with the necessary quantity of pesticide and to ensure easy and
complete emptying, while preventing spillage of pesticide and
avoiding the contamination of the water source during such operations.

2.4.5. Application of pesticides

2.4.5.1. Application rate
The machinery must be fitted with means of adjusting the application
rate easily, accurately and reliably.

2.4.5.2. Distribution, deposition and drift of pesticide

The machinery must be designed and constructed to ensure that
pesticide is deposited on target areas, to minimise losses to other
areas and to prevent drift of pesticide to the environment. Where
appropriate, an even distribution and homogeneous deposition must
be ensured.

2.4.5.3. Tests
In order to verify that the relevant parts of the machinery comply with
the requirements set out in sections 2.4.5.1 and 2.4.5.2 the manu­
facturer or his authorised representative must, for each type of
machinery concerned, perform appropriate tests, or have such tests
performed.

2.4.5.4. Losses during stoppage

The machinery must be designed and constructed to prevent losses
while the pesticide application function is stopped.

2.4.6. Maintenance
2.4.6.1. Cleaning
The machinery must be designed and constructed to allow its easy and
thorough cleaning without contamination of the environment.
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▼M2
2.4.6.2. Servicing
The machinery must be designed and constructed to facilitate the
changing of worn parts without contamination of the environment.

2.4.7. Inspections
It must be possible to easily connect the necessary measuring
instruments to the machinery to check the correct functioning of the
machinery.

2.4.8. Marking of nozzles, strainers and filters

Nozzles, strainers and filters must be marked so that their type and
size can be clearly identified.

2.4.9. Indication of pesticide in use

Where appropriate, the machinery must be fitted with a specific
mounting on which the operator can place the name of the pesticide
in use.

2.4.10. Instructions
The instructions must provide the following information:

(a) precautions to be taken during mixing, loading, application,

emptying, cleaning, servicing and transport operations in order
to avoid contamination of the environment;

(b) detailed conditions of use for the different operating environments

envisaged, including the corresponding preparation and
adjustments required to ensure the deposition of pesticide on
target areas while minimising losses to other areas, to prevent
drift to the environment and, where appropriate, to ensure an
even distribution and homogeneous deposition of pesticide;

(c) the range of types and sizes of nozzles, strainers and filters that
can be used with the machinery;

(d) the frequency of checks and the criteria and method for the
replacement of parts subject to wear that affect the correct func­
tioning of the machinery, such as nozzles, strainers and filters;

(e) specification of calibration, daily maintenance, winter preparation

and other checks necessary to ensure the correct functioning of
the machinery;

(f) types of pesticides that may cause incorrect functioning of the

machinery;

(g) an indication that the operator should keep updated the name of
the pesticide in use on the specific mounting referred to in
section 2.4.9;

(h) the connexion and use of any special equipment or accessories,

and the necessary precautions to be taken;

(i) an indication that the machinery may be subject to national

requirements for regular inspection by designated bodies, as
provided for in Directive 2009/128/EC of the European
Parliament and of the Council of 21 October 2009 establishing
a framework for Community action to achieve the sustainable use
of pesticides (1);

(1) OJ L 309, 24.11.2009, p. 71.

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▼M2
(j) the features of the machinery which must be inspected to ensure
its correct functioning;

(k) instructions for connecting the necessary measuring instruments.

▼B
3. SUPPLEMENTARY ESSENTIAL HEALTH AND SAFETY
REQUIREMENTS TO OFFSET HAZARDS DUE TO THE
MOBILITY OF MACHINERY
Machinery presenting hazards due to its mobility must meet all the
essential health and safety requirements described in this chapter (see
General Principles, point 4).

3.1. GENERAL
3.1.1. Definitions
(a) ‘Machinery presenting hazards due to its mobility’ means

— machinery the operation of which requires either mobility

while working, or continuous or semi-continuous movement
between a succession of fixed working locations, or

— machinery which is operated without being moved, but which

may be equipped in such a way as to enable it to be moved
more easily from one place to another.

(b) ‘Driver’ means an operator responsible for the movement of a

machine. The driver may be transported by the machinery or
may be on foot, accompanying the machinery, or may guide the
machinery by remote control.

3.2. WORK POSITIONS

3.2.1. Driving position
Visibility from the driving position must be such that the driver can, in
complete safety for himself and the exposed persons, operate the
machinery and its tools in their foreseeable conditions of use. Where
necessary, appropriate devices must be provided to remedy hazards
due to inadequate direct vision.

Machinery on which the driver is transported must be designed and

constructed in such a way that, from the driving positions, there is no
risk to the driver from inadvertent contact with the wheels and tracks.

The driving position of ride-on drivers must be designed and

constructed in such a way that a driver's cab may be fitted, provided
this does not increase the risk and there is room for it. The cab must
incorporate a place for the instructions needed for the driver.

3.2.2. Seating
Where there is a risk that operators or other persons transported by the
machinery may be crushed between parts of the machinery and the
ground should the machinery roll or tip over, in particular for
machinery equipped with a protective structure referred to in
section 3.4.3 or 3.4.4, their seats must be designed or equipped with
a restraint system so as to keep the persons in their seats, without
restricting movements necessary for operations or movements relative
to the structure caused by the suspension of the seats. Such restraint
systems should not be fitted if they increase the risk.
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3.2.3. Positions for other persons
If the conditions of use provide that persons other than the driver may
occasionally or regularly be transported by the machinery or work on
it, appropriate positions must be provided which enable them to be
transported or to work on it without risk.

The second and third paragraphs of section 3.2.1 also apply to the
places provided for persons other than the driver.

3.3. CONTROL SYSTEMS

If necessary, steps must be taken to prevent unauthorised use of
controls.

In the case of remote controls, each control unit must clearly identify
the machinery to be controlled from that unit.

The remote control system must be designed and constructed in such a

way as to affect only:

— the machinery in question,

— the functions in question.

Remote controlled machinery must be designed and constructed in

such a way that it will respond only to signals from the intended
control units.

3.3.1. Control devices

The driver must be able to actuate all control devices required to
operate the machinery from the driving position, except for functions
which can be safely actuated only by using control devices located
elsewhere. These functions include, in particular, those for which
operators other than the driver are responsible or for which the
driver has to leave the driving position in order to control them safely.

Where there are pedals, they must be so designed, constructed and

fitted as to allow safe operation by the driver with the minimum risk
of incorrect operation. They must have a slip-resistant surface and be
easy to clean.

Where their operation can lead to hazards, notably dangerous move­

ments, the control devices, except for those with preset positions, must
return to the neutral position as soon as they are released by the
operator.

In the case of wheeled machinery, the steering system must be

designed and constructed in such a way as to reduce the force of
sudden movements of the steering wheel or the steering lever caused
by shocks to the guide wheels.

Any control that locks the differential must be so designed and

arranged that it allows the differential to be unlocked when the
machinery is moving.

The sixth paragraph of section 1.2.2, concerning acoustic and/or visual

warning signals, applies only in the case of reversing.
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3.3.2. Starting/moving
All travel movements of self-propelled machinery with a ride-on driver
must be possible only if the driver is at the controls.

Where, for operating purposes, machinery is fitted with devices which

exceed its normal clearance zone (e.g. stabilisers, jib, etc.), the driver
must be provided with the means of checking easily, before moving
the machinery, that such devices are in a particular position which
allows safe movement.

This also applies to all other parts which, to allow safe movement,
have to be in particular positions, locked if necessary.

Where it does not give rise to other risks, movement of the machinery
must depend on safe positioning of the aforementioned parts.

It must not be possible for unintentional movement of the machinery

to occur while the engine is being started.

3.3.3. Travelling function

Without prejudice to road traffic regulations, self-propelled machinery
and its trailers must meet the requirements for slowing down, stopping,
braking and immobilisation so as to ensure safety under all the oper­
ating, load, speed, ground and gradient conditions allowed for.

The driver must be able to slow down and stop self-propelled

machinery by means of a main device. Where safety so requires, in
the event of a failure of the main device, or in the absence of the
energy supply needed to actuate the main device, an emergency device
with a fully independent and easily accessible control device must be
provided for slowing down and stopping.

Where safety so requires, a parking device must be provided to render

stationary machinery immobile. This device may be combined with
one of the devices referred to in the second paragraph, provided that it
is purely mechanical.

Remote-controlled machinery must be equipped with devices for

stopping operation automatically and immediately and for preventing
potentially dangerous operation in the following situations:

— if the driver loses control,

— if it receives a stop signal,

— if a fault is detected in a safety-related part of the system,

— if no validation signal is detected within a specified time.

Section 1.2.4 does not apply to the travelling function.

3.3.4. Movement of pedestrian-controlled machinery

Movement of pedestrian-controlled self-propelled machinery must be
possible only through sustained action on the relevant control device
by the driver. In particular, it must not be possible for movement to
occur while the engine is being started.
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The control systems for pedestrian-controlled machinery must be
designed in such a way as to minimise the risks arising from
inadvertent movement of the machine towards the driver, in particular:

— crushing,

— injury from rotating tools.

The speed of travel of the machinery must be compatible with the pace
of a driver on foot.

In the case of machinery on which a rotary tool may be fitted, it must

not be possible to actuate the tool when the reverse control is engaged,
except where the movement of the machinery results from movement
of the tool. In the latter case, the reversing speed must be such that it
does not endanger the driver.

3.3.5. Control circuit failure

A failure in the power supply to the power-assisted steering, where
fitted, must not prevent machinery from being steered during the time
required to stop it.

3.4. PROTECTION AGAINST MECHANICAL HAZARDS

3.4.1. Uncontrolled movements
Machinery must be designed, constructed and where appropriate
placed on its mobile support in such a way as to ensure that, when
moved, uncontrolled oscillations of its centre of gravity do not affect
its stability or exert excessive strain on its structure.

3.4.2. Moving transmission parts

By way of exception to section 1.3.8.1, in the case of engines,
moveable guards preventing access to the moving parts in the
engine compartment need not have interlocking devices if they have
to be opened either by the use of a tool or key or by a control located
in the driving position, providing the latter is in a fully enclosed cab
with a lock to prevent unauthorised access.

3.4.3. Roll-over and tip-over

Where, in the case of self-propelled machinery with a ride-on driver,
operator(s) or other person(s), there is a risk of rolling or tipping over,
the machinery must be fitted with an appropriate protective structure,
unless this increases the risk.

This structure must be such that in the event of rolling or tipping over
it affords the ride-on person(s) an adequate deflection-limiting volume.

In order to verify that the structure complies with the requirement laid
down in the second paragraph, the manufacturer or his authorised
representative must, for each type of structure concerned, perform
appropriate tests or have such tests performed.
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3.4.4. Falling objects
Where, in the case of self-propelled machinery with a ride-on driver,
operator(s) or other person(s), there is a risk due to falling objects or
material, the machinery must be designed and constructed in such a
way as to take account of this risk and fitted, if its size allows, with an
appropriate protective structure.

This structure must be such that, in the event of falling objects or

material, it guarantees the ride-on person(s) an adequate
deflection-limiting volume.

In order to verify that the structure complies with the requirement laid
down in the second paragraph, the manufacturer or his authorised
representative must, for each type of structure concerned, perform
appropriate tests or have such tests performed.

3.4.5. Means of access

Handholds and steps must be designed, constructed and arranged in
such a way that the operators use them instinctively and do not use the
control devices to assist access.

3.4.6. Towing devices

All machinery used to tow or to be towed must be fitted with towing
or coupling devices designed, constructed and arranged in such a way
as to ensure easy and secure connection and disconnection and to
prevent accidental disconnection during use.

Insofar as the tow bar load so requires, such machinery must be

equipped with a support with a bearing surface suited to the load
and the ground.

3.4.7. Transmission of power between self-propelled machinery (or tractor)

and recipient machinery
Removable mechanical transmission devices linking self-propelled
machinery (or a tractor) to the first fixed bearing of recipient
machinery must be designed and constructed in such a way that any
part that moves during operation is protected over its whole length.

On the side of the self-propelled machinery (or tractor), the power

take-off to which the removable mechanical transmission device is
attached must be protected either by a guard fixed and linked to the
self-propelled machinery (or tractor) or by any other device offering
equivalent protection.

It must be possible to open this guard for access to the removable

transmission device. Once it is in place, there must be enough room to
prevent the drive shaft damaging the guard when the machinery (or the
tractor) is moving.

On the recipient machinery side, the input shaft must be enclosed in a

protective casing fixed to the machinery.

Torque limiters or freewheels may be fitted to universal joint trans­

missions only on the side adjoining the driven machinery. The
removable mechanical transmission device must be marked
accordingly.
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All recipient machinery, the operation of which requires a removable
mechanical transmission device to connect it to self-propelled
machinery (or a tractor), must have a system for attaching the
removable mechanical transmission device so that, when the
machinery is uncoupled, the removable mechanical transmission
device and its guard are not damaged by contact with the ground or
part of the machinery.

The outside parts of the guard must be so designed, constructed and

arranged that they cannot turn with the removable mechanical trans­
mission device. The guard must cover the transmission to the ends of
the inner jaws in the case of simple universal joints and at least to the
centre of the outer joint or joints in the case of wide-angle universal
joints.

If means of access to working positions are provided near to the

removable mechanical transmission device, they must be designed
and constructed in such a way that the shaft guards cannot be used
as steps, unless designed and constructed for that purpose.

3.5. PROTECTION AGAINST OTHER HAZARDS

3.5.1. Batteries
The battery housing must be designed and constructed in such a way
as to prevent the electrolyte being ejected on to the operator in the
event of rollover or tipover and to avoid the accumulation of vapours
in places occupied by operators.

Machinery must be designed and constructed in such a way that the

battery can be disconnected with the aid of an easily accessible device
provided for that purpose.

3.5.2. Fire
Depending on the hazards anticipated by the manufacturer, machinery
must, where its size permits:

— either allow easily accessible fire extinguishers to be fitted, or

— be provided with built-in extinguisher systems.

3.5.3. Emissions of hazardous substances

The second and third paragraphs of section 1.5.13 do not apply where
the main function of the machinery is the spraying of products.
However, the operator must be protected against the risk of
exposure to such hazardous emissions.

3.6. INFORMATION AND INDICATIONS

3.6.1. Signs, signals and warnings
All machinery must have signs and/or instruction plates concerning
use, adjustment and maintenance, wherever necessary, so as to
ensure the health and safety of persons. They must be chosen,
designed and constructed in such a way as to be clearly visible and
indelible.
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Without prejudice to the provisions of road traffic regulations,
machinery with a ride-on driver must have the following equipment:

— an acoustic warning device to alert persons,

— a system of light signals relevant to the intended conditions of use;

the latter requirement does not apply to machinery intended solely
for underground working and having no electrical power,

— where necessary, there must be an appropriate connection between

a trailer and the machinery for the operation of signals.

Remote-controlled machinery which, under normal conditions of use,

exposes persons to the risk of impact or crushing must be fitted with
appropriate means to signal its movements or with means to protect
persons against such risks. The same applies to machinery which
involves, when in use, the constant repetition of a forward and
backward movement on a single axis where the area to the rear of
the machine is not directly visible to the driver.

Machinery must be constructed in such a way that the warning and

signalling devices cannot be disabled unintentionally. Where it is
essential for safety, such devices must be provided with the means
to check that they are in good working order and their failure must be
made apparent to the operator.

Where the movement of machinery or its tools is particularly

hazardous, signs on the machinery must be provided to warn against
approaching the machinery while it is working; the signs must be
legible at a sufficient distance to ensure the safety of persons who
have to be in the vicinity.

3.6.2. Marking
The following must be shown legibly and indelibly on all machinery:

— nominal power expressed in kilowatts (kW),

— mass of the most usual configuration, in kilograms (kg);

and, where appropriate:

— maximum drawbar pull provided for at the coupling hook, in

Newtons (N),

— maximum vertical load provided for on the coupling hook, in

Newtons (N).

3.6.3. Instructions
3.6.3.1. Vibrations
The instructions must give the following information concerning
vibrations transmitted by the machinery to the hand-arm system or
to the whole body:

— the vibration total value to which the hand-arm system is

subjected, if it exceeds 2,5 m/s2. Where this value does not
exceed 2,5 m/s2, this must be mentioned,

— the highest root mean square value of weighted acceleration to

which the whole body is subjected, if it exceeds 0,5 m/s2.
Where this value does not exceed 0,5 m/s2, this must be
mentioned,

— the uncertainty of measurement.

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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.

Where harmonised standards are not applied, the vibration must be

measured using the most appropriate measurement code for the
machinery concerned.

The operating conditions during measurement and the measurement

codes used must be described.

3.6.3.2. Multiple uses

The instructions for machinery allowing several uses depending on the
equipment used and the instructions for the interchangeable equipment
must contain the information necessary for safe assembly and use of
the basic machinery and the interchangeable equipment that can be
fitted.

4. SUPPLEMENTARY ESSENTIAL HEALTH AND SAFETY

REQUIREMENTS TO OFFSET HAZARDS DUE TO LIFTING OPER­
ATIONS
Machinery presenting hazards due to lifting operations must meet all
the relevant essential health and safety requirements described in this
chapter (see General Principles, point 4).

4.1. GENERAL
4.1.1. Definitions
(a) ‘Lifting operation’ means a movement of unit loads consisting of
goods and/or persons necessitating, at a given moment, a change
of level.

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

(c) ‘Working coefficient’ means the arithmetic ratio between the load
guaranteed by the manufacturer or his authorised representative up
to which a component is able to hold it and the maximum working
load marked on the component.

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

(e) ‘Static test’ means the test during which lifting machinery or a
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 that no damage has occurred.
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(f) ‘Dynamic test’ means the test during which lifting machinery is
operated in all its possible configurations at the maximum working
load multiplied by the appropriate dynamic test coefficient with
account being taken of the dynamic behaviour of the lifting
machinery in order to check that it functions properly.

(g) ‘Carrier’ means a part of the machinery on or in which persons

and/or goods are supported in order to be lifted.

4.1.2. Protection against mechanical hazards

4.1.2.1. Risks due to lack of stability
Machinery must be designed and constructed in such a way that the
stability required by section 1.3.1 is maintained both in service and out
of service, including all stages of transportation, assembly and
dismantling, during foreseeable component failures and also during
the tests carried out in accordance with the instruction handbook. To
that end, the manufacturer or his authorised representative must use the
appropriate verification methods.

4.1.2.2. Machinery running on guide rails and rail tracks

Machinery must be provided with devices which act on the guide rails
or tracks to prevent derailment.

If, despite such devices, there remains a risk of derailment or of failure

of a rail or of a running component, devices must be provided which
prevent the equipment, component or load from falling or the
machinery from overturning.

4.1.2.3. Mechanical strength

Machinery, lifting accessories and their components must be capable
of withstanding the stresses to which they are subjected, both in and,
where applicable, out of use, under the installation and operating
conditions provided for and in all relevant configurations, with due
regard, where appropriate, to the effects of atmospheric factors and
forces exerted by persons. This requirement must also be satisfied
during transport, assembly and dismantling.

Machinery and lifting accessories must be designed and constructed in

such a way as to prevent failure from fatigue and wear, taking due
account of their intended use.

The materials used must be chosen on the basis of the intended

working environments, with particular regard to corrosion, abrasion,
impacts, extreme temperatures, fatigue, brittleness and ageing.

Machinery and lifting accessories must be designed and constructed in

such a way as to withstand the overload in the static tests without
permanent deformation or patent defect. Strength calculations must
take account of the value of the static test coefficient chosen to
guarantee an adequate level of safety. That coefficient has, as a
general rule, the following values:

(a) manually-operated machinery and lifting accessories: 1,5;

(b) other machinery: 1,25.

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Machinery must be designed and constructed in such a way as to
undergo, without failure, the dynamic tests carried out using the
maximum working load multiplied by the dynamic test coefficient.
This dynamic test coefficient is chosen so as to guarantee an adequate
level of safety: the coefficient is, as a general rule, equal to 1,1. 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, as a general rule by combining
the movements concerned.

4.1.2.4. Pulleys, drums, wheels, ropes and chains

Pulleys, drums and wheels must have a diameter commensurate with
the size of the ropes or chains with which they can be fitted.

Drums and wheels must be designed, constructed and installed in such

a way that the ropes or chains with which they are equipped can be
wound without coming off.

Ropes used directly for lifting or supporting the load must not include
any splicing other than at their ends. Splicings are, however, tolerated
in installations which are intended by design to be modified regularly
according to needs of use.

Complete ropes and their endings must have a working coefficient

chosen in such a way as to guarantee an adequate level of safety.
As a general rule, this coefficient is equal to 5.

Lifting chains must have a working coefficient chosen in such a way

as to guarantee an adequate level of safety. As a general rule, this
coefficient is equal to 4.

In order to verify that an adequate working coefficient has been

attained, the manufacturer or his authorised representative must, for
each type of chain and rope used directly for lifting the load and for
the rope ends, perform the appropriate tests or have such tests
performed.

4.1.2.5. Lifting accessories and their components

Lifting accessories and their components must be sized with due
regard to fatigue and ageing processes for a number of operating
cycles consistent with their expected life-span as specified in the
operating conditions for a given application.

Moreover:

(a) the working coefficient of wire-rope/rope-end combinations must

be chosen in such a way as to guarantee an adequate level of
safety; this coefficient is, as a general rule, equal to 5. Ropes
must not comprise any splices or loops other than at their ends;

(b) where chains with welded links are used, they must be of the
short-link type. The working coefficient of chains must be chosen
in such a way as to guarantee an adequate level of safety; this
coefficient is, as a general rule, equal to 4;
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(c) the working coefficient for textile ropes or slings is dependent on
the material, method of manufacture, dimensions and use. This
coefficient must be chosen in such a way as to guarantee an
adequate level of safety; it is, as a general rule, equal to 7,
provided the materials used are shown to be of very good
quality and the method of manufacture is appropriate to the
intended use. Should this not be the case, the coefficient is, as
a general rule, set at a higher level in order to secure an
equivalent level of safety. Textile ropes and slings must not
include any knots, connections or splicing other than at the
ends of the sling, except in the case of an endless sling;

(d) all metallic components making up, or used with, a sling must
have a working coefficient chosen in such a way as to guarantee
an adequate level of safety; this coefficient is, as a general rule,
equal to 4;

(e) the maximum working load of a multilegged sling is determined

on the basis of the working coefficient of the weakest leg, the
number of legs and a reduction factor which depends on the
slinging configuration;

(f) in order to verify that an adequate working coefficient has been

attained, the manufacturer or his authorised representative must,
for each type of component referred to in (a), (b), (c) and (d),
perform the appropriate tests or have such tests performed.

4.1.2.6. Control of movements

Devices for controlling movements must act in such a way that the
machinery on which they are installed is kept safe.

(a) Machinery must be designed and constructed or fitted with

devices in such a way that the amplitude of movement of its
components is kept within the specified limits. The operation of
such devices must, where appropriate, be preceded by a warning.

(b) Where several fixed or rail-mounted machines can be

manoeuvred simultaneously in the same place, with risks of
collision, such machinery must be designed and constructed in
such a way as to make it possible to fit systems enabling these
risks to be avoided.

(c) Machinery must be designed and constructed in such a way that

the loads cannot creep dangerously or fall freely and
unexpectedly, even in the event of partial or total failure of the
power supply or when the operator stops operating the machine.

(d) It must not be possible, under normal operating conditions, to

lower the load solely by friction brake, except in the case of
machinery whose function requires it to operate in that way.

(e) Holding devices must be designed and constructed in such a way

that inadvertent dropping of the loads is avoided.

4.1.2.7. Movements of loads during handling

The operating position of machinery must be located in such a way as
to ensure the widest possible view of trajectories of the moving parts,
in order to avoid possible collisions with persons, equipment or other
machinery which might be manoeuvring at the same time and liable to
constitute a hazard.
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Machinery with guided loads must be designed and constructed in
such a way as to prevent persons from being injured by movement
of the load, the carrier or the counterweights, if any.

4.1.2.8. Machinery serving fixed landings

4.1.2.8.1. Movements of the carrier
The movement of the carrier of machinery serving fixed landings must
be rigidly guided to and at the landings. Scissor systems are also
regarded as rigid guidance.

4.1.2.8.2. Access to the carrier

Where persons have access to the carrier, the machinery must be
designed and constructed in such a way as to ensure that the carrier
remains stationary during access, in particular while it is being loaded
or unloaded.

The machinery must be designed and constructed in such a way as to

ensure that the difference in level between the carrier and the landing
being served does not create a risk of tripping.

4.1.2.8.3. Risks due to contact with the moving carrier

Where necessary in order to fulfil the requirement expressed in the
second paragraph of section 4.1.2.7, the travel zone must be rendered
inaccessible during normal operation.

When, during inspection or maintenance, there is a risk that persons

situated under or above the carrier may be crushed between the carrier
and any fixed parts, sufficient free space must be provided either by
means of physical refuges or by means of mechanical devices blocking
the movement of the carrier.

4.1.2.8.4. Risk due to the load falling off the carrier

Where there is a risk due to the load falling off the carrier, the
machinery must be designed and constructed in such a way as to
prevent this risk.

4.1.2.8.5. Landings
Risks due to contact of persons at landings with the moving carrier or
other moving parts must be prevented.

Where there is a risk due to persons falling into the travel zone when
the carrier is not present at the landings, guards must be fitted in order
to prevent this risk. Such guards must not open in the direction of the
travel zone. They must be fitted with an interlocking device controlled
by the position of the carrier that prevents:

— hazardous movements of the carrier until the guards are closed and
locked,

— hazardous opening of a guard until the carrier has stopped at the

corresponding landing.
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4.1.3. Fitness for purpose
When lifting machinery or lifting accessories are placed on the market
or are first put into service, the manufacturer or his authorised rep­
resentative must ensure, by taking appropriate measures or having
them taken, that the machinery or the lifting accessories which are
ready for use — whether manually or power-operated — can fulfil
their specified functions safely.

The static and dynamic tests referred to in section 4.1.2.3 must be

performed on all lifting machinery ready to be put into service.

Where the machinery cannot be assembled in the manufacturer's

premises or in the premises of his authorised representative, the appro­
priate measures must be taken at the place of use. Otherwise, the
measures may be taken either in the manufacturer's premises or at
the place of use.

4.2. REQUIREMENTS FOR MACHINERY WHOSE POWER SOURCE

IS OTHER THAN MANUAL EFFORT
4.2.1. Control of movements
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 control devices auth­
orising automatic stops at pre-selected positions without the operator
holding a hold-to-run control device.

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, either as a result of the maximum working load or

the maximum working moment due to the load being exceeded, or

— of the overturning moment being exceeded.

4.2.3. Installations guided by ropes

Rope carriers, tractors or tractor carriers must be held by counter­
weights or by a device allowing permanent control of the tension.

4.3. INFORMATION AND MARKINGS

4.3.1. Chains, ropes and webbing
Each length of lifting chain, rope or webbing not forming part of an
assembly must bear a mark or, where this is not possible, a plate or
irremovable ring bearing the name and address of the manufacturer or
his authorised representative and the identifying reference of the
relevant certificate.
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The certificate mentioned above must show at least the following
information:

(a) the name and address of the manufacturer and, if appropriate, his
authorised representative;

(b) a description of the chain or rope which includes:

— its nominal size,

— its construction,

— the material from which it is made, and

— any special metallurgical treatment applied to the material;

(c) the test method used;

(d) the maximum load to which the chain or rope should be subjected
in service. A range of values may be given on the basis of the
intended applications.

4.3.2. Lifting accessories

Lifting accessories must show the following particulars:

— identification of the material where this information is needed for

safe use,

— the maximum working load.

In the case of lifting accessories on which marking is physically

impossible, the particulars referred to in the first paragraph must be
displayed on a plate or other equivalent means and securely affixed to
the accessory.

The particulars must be legible and located in a place where they are
not liable to disappear as a result of wear or jeopardise the strength of
the accessory.

4.3.3. Lifting machinery

The maximum working load must be prominently marked on the
machinery. This marking must be legible, indelible and in an
un-coded form.

Where the maximum working load depends on the configuration of the

machinery, each operating position must be provided with a load plate
indicating, preferably in diagrammatic form or by means of tables, the
working load permitted for each configuration.

Machinery intended for lifting goods only, equipped with a carrier

which allows access to persons, must bear a clear and indelible
warning prohibiting the lifting of persons. This warning must be
visible at each place where access is possible.

4.4. INSTRUCTIONS
4.4.1. Lifting accessories
Each lifting accessory or each commercially indivisible batch of lifting
accessories must be accompanied by instructions setting out at least
the following particulars:

(a) the intended use;

(b) the limits of use (particularly for lifting accessories such as

magnetic or vacuum pads which do not fully comply with
section 4.1.2.6(e));
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(c) instructions for assembly, use and maintenance;

(d) the static test coefficient used.

4.4.2. Lifting machinery

Lifting machinery must be accompanied by instructions containing
information on:

(a) the technical characteristics of the machinery, and in particular:

— the maximum working load and, where appropriate, a copy of

the load plate or load table described in the second paragraph
of section 4.3.3,

— the reactions at the supports or anchors and, where appropriate,

characteristics of the tracks,

— where appropriate, the definition and the means of installation

of the ballast;

(b) the contents of the logbook, if the latter is not supplied with the
machinery;

(c) advice for use, particularly to offset the lack of direct vision of the
load by the operator;

(d) where appropriate, a test report detailing the static and dynamic
tests carried out by or for the manufacturer or his authorised
representative;

(e) for machinery which is not assembled on the premises of the

manufacturer in the form in which it is to be used, the
necessary instructions for performing the measures referred to in
section 4.1.3 before it is first put into service.

5. SUPPLEMENTARY ESSENTIAL HEALTH AND SAFETY

REQUIREMENTS FOR MACHINERY INTENDED FOR UNDER­
GROUND WORK
Machinery intended for underground work must meet all the essential
health and safety requirements described in this chapter (see General
Principles, point 4).

5.1. RISKS DUE TO LACK OF STABILITY

Powered roof supports must be designed and constructed in such a
way as to maintain a given direction when moving and not slip before
and while they come under load and after the load has been removed.
They must be equipped with anchorages for the top plates of the
individual hydraulic props.

5.2. MOVEMENT
Powered roof supports must allow for unhindered movement of
persons.

5.3. CONTROL DEVICES

The accelerator and brake controls for movement of machinery
running on rails must be hand-operated. However, enabling devices
may be foot-operated.

The control devices of powered roof supports must be designed and

positioned in such a way that, during displacement operations,
operators are sheltered by a support in place. The control devices
must be protected against any accidental release.
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5.4. STOPPING
Self-propelled machinery running on rails for use in underground work
must be equipped with an enabling device acting on the circuit
controlling the movement of the machinery such that movement is
stopped if the driver is no longer in control of the movement.

5.5. FIRE
The second indent of section 3.5.2 is mandatory in respect of
machinery which comprises highly flammable parts.

The braking system of machinery intended for use in underground

workings must be designed and constructed in such a way that it
does not produce sparks or cause fires.

Machinery with internal combustion engines for use in underground

workings must be fitted only with engines using fuel with a low
vaporising pressure and which exclude any spark of electrical origin.

5.6. EXHAUST EMISSIONS

Exhaust emissions from internal combustion engines must not be
discharged upwards.

6. SUPPLEMENTARY ESSENTIAL HEALTH AND SAFETY

REQUIREMENTS FOR MACHINERY PRESENTING PARTICULAR
HAZARDS DUE TO THE LIFTING OF PERSONS
Machinery presenting hazards due to the lifting of persons must meet
all the relevant essential health and safety requirements described in
this chapter (see General Principles, point 4).

6.1. GENERAL
6.1.1. Mechanical strength
The carrier, including any trapdoors, must be designed and constructed
in such a way as to offer the space and strength corresponding to the
maximum number of persons permitted on the carrier and the
maximum working load.

The working coefficients for components set out in sections 4.1.2.4

and 4.1.2.5 are inadequate for machinery intended for the lifting of
persons and must, as a general rule, be doubled. Machinery intended
for lifting persons or persons and goods must be fitted with a
suspension or supporting system for the carrier designed and
constructed in such a way as to ensure an adequate overall level of
safety and to prevent the risk of the carrier falling.

If ropes or chains are used to suspend the carrier, as a general rule, at

least two independent ropes or chains are required, each with its own
anchorage.

6.1.2. Loading control for machinery moved by power other than human
strength
The requirements of section 4.2.2 apply regardless of the maximum
working load and overturning moment, unless the manufacturer can
demonstrate that there is no risk of overloading or overturning.
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6.2. CONTROL DEVICES
Where safety requirements do not impose other solutions, the carrier
must, as a general rule, be designed and constructed in such a way that
persons in the carrier have means of controlling upward and downward
movements and, if appropriate, other movements of the carrier.

In operation, those control devices must override any other devices

controlling the same movement with the exception of emergency stop
devices.

The control devices for these movements must be of the hold-to-run

type except where the carrier itself is completely enclosed.

6.3. RISKS TO PERSONS IN OR ON THE CARRIER

6.3.1. Risks due to movements of the carrier
Machinery for lifting persons must be designed, constructed or
equipped in such a way that the acceleration or deceleration of the
carrier does not engender risks for persons.

6.3.2. Risk of persons falling from the carrier

The carrier must not tilt to an extent which creates a risk of the
occupants falling, including when the machinery and carrier are
moving.

Where the carrier is designed as a work station, provision must be

made to ensure stability and to prevent hazardous movements.

If the measures referred to in section 1.5.15 are not adequate, carriers

must be fitted with a sufficient number of suitable anchorage points for
the number of persons permitted on the carrier. The anchorage points
must be strong enough for the use of personal protective equipment
against falls from a height.

Any trapdoor in floors or ceilings or side doors must be designed and

constructed in such a way as to prevent inadvertent opening and must
open in a direction that obviates any risk of falling, should they open
unexpectedly.

6.3.3. Risk due to objects falling on the carrier

Where there is a risk of objects falling on the carrier and endangering
persons, the carrier must be equipped with a protective roof.

6.4. MACHINERY SERVING FIXED LANDINGS

6.4.1. Risks to persons in or on the carrier
The carrier must be designed and constructed in such a way as to
prevent risks due to contact between persons and/or objects in or on
the carrier with any fixed or moving elements. Where necessary in
order to fulfil this requirement, the carrier itself must be completely
enclosed with doors fitted with an interlocking device that prevents
hazardous movements of the carrier unless the doors are closed. The
doors must remain closed if the carrier stops between landings where
there is a risk of falling from the carrier.
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The machinery must be designed, constructed and, where necessary,
equipped with devices in such a way as to prevent uncontrolled
upward or downward movement of the carrier. These devices must
be able to stop the carrier at its maximum working load and at the
foreseeable maximum speed.
The stopping action must not cause deceleration harmful to the occu­
pants, whatever the load conditions.
6.4.2. Controls at landings
Controls, other than those for emergency use, at landings must not
initiate movements of the carrier when:
— the control devices in the carrier are being operated,
— the carrier is not at a landing.
6.4.3. Access to the carrier
The guards at the landings and on the carrier must be designed and
constructed in such a way as to ensure safe transfer to and from the
carrier, taking into consideration the foreseeable range of goods and
persons to be lifted.
6.5. MARKINGS
The carrier must bear the information necessary to ensure safety
including:
— the number of persons permitted on the carrier,
— the maximum working load.
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ANNEX II
Declarations

1. CONTENT
A. EC DECLARATION OF CONFORMITY OF THE MACHINERY
This declaration and translations thereof must be drawn up under the same
conditions as the instructions (see Annex I, section 1.7.4.1(a) and (b)), and
must be typewritten or else handwritten in capital letters.

This declaration relates exclusively to the machinery in the state in which it

was placed on the market, and excludes components which are added and/or
operations carried out subsequently by the final user.

The EC declaration of conformity must contain the following particulars:

1. business name and full address of the manufacturer and, where appro­
priate, his authorised representative;

2. name and address of the person authorised to compile the technical file,
who must be established in the Community;

3. description and identification of the machinery, including generic

denomination, function, model, type, serial number and commercial
name;

4. a sentence expressly declaring that the machinery fulfils all the relevant
provisions of this Directive and where appropriate, a similar sentence
declaring the conformity with other Directives and/or relevant provisions
with which the machinery complies. These references must be those of
the texts published in the Official Journal of the European Union;

5. where appropriate, the name, address and identification number of the

notified body which carried out the EC type-examination referred to in
Annex IX and the number of the EC type-examination certificate;

6. where appropriate, the name, address and identification number of the

notified body which approved the full quality assurance system referred
to in Annex X;

7. where appropriate, a reference to the harmonised standards used, as

referred to in Article 7(2);

8. where appropriate, the reference to other technical standards and spec­

ifications used;

9. the place and date of the declaration;

10. the identity and signature of the person empowered to draw up the
declaration on behalf of the manufacturer or his authorised
representative.

B. DECLARATION OF INCORPORATION OF PARTLY COMPLETED

MACHINERY
This declaration and translations thereof must be drawn up under the same
conditions as the instructions (see Annex 1, section 1.7.4.1(a) and (b)), and
must be typewritten or else handwritten in capital letters.

The declaration of incorporation must contain the following particulars:

1. business name and full address of the manufacturer of the partly

completed machinery and, where appropriate, his authorised
representative;

2. name and address of the person authorised to compile the relevant

technical documentation, who must be established in the Community;
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3. description and identification of the partly completed machinery including
generic denomination, function, model, type, serial number and
commercial name;
4. a sentence declaring which essential requirements of this Directive are
applied and fulfilled and that the relevant technical documentation is
compiled in accordance with part B of Annex VII, and, where appro­
priate, a sentence declaring the conformity of the partly completed
machinery with other relevant Directives. These references must be
those of the texts published in the Official Journal of the European
Union;
5. an undertaking to transmit, in response to a reasoned request by the
national authorities, relevant information on the partly completed
machinery. This shall include the method of transmission and shall be
without prejudice to the intellectual property rights of the manufacturer of
the partly completed machinery;
6. a statement that the partly completed machinery must not be put into
service until the final machinery into which it is to be incorporated has
been declared in conformity with the provisions of this Directive, where
appropriate;
7. the place and date of the declaration;
8. the identity and signature of the person empowered to draw up the
declaration on behalf of the manufacturer or his authorised representative.
2. CUSTODY
The manufacturer of machinery or his authorised representative shall keep the
original EC declaration of conformity for a period of at least 10 years from
the last date of manufacture of the machinery.
The manufacturer of partly completed machinery or his authorised represen­
tative shall keep the original declaration of incorporation for a period of at
least 10 years from the last date of manufacture of the partly completed
machinery.
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ANNEX III

CE marking

The CE conformity marking shall consist of the initials ‘CE’ taking the following
form:

If the CE marking is reduced or enlarged the proportions shown in the above

drawing must be respected.
The various components of the CE marking must have substantially the same
vertical dimension, which may not be less than 5 mm. The minimum dimension
may be waived for small-scale machinery.
The CE marking must be affixed in the immediate vicinity of the name of the
manufacturer or his authorised representative, using the same technique.
Where the full quality assurance procedure referred to in Article 12(3)(c) and
12(4)(b) has been applied, the CE marking must be followed by the identification
number of the notified body.
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ANNEX IV

Categories of machinery to which one of the procedures referred to in

Article 12(3) and (4) must be applied

1. Circular saws (single- or multi-blade) for working with wood and material
with similar physical characteristics or for working with meat and material
with similar physical characteristics, of the following types:

1.1. sawing machinery with fixed blade(s) during cutting, having a fixed bed or
support with manual feed of the workpiece or with a demountable power
feed;

1.2. sawing machinery with fixed blade(s) during cutting, having a manually
operated reciprocating saw-bench or carriage;

1.3 sawing machinery with fixed blade(s) during cutting, having a built-in
mechanical feed device for the workpieces, with manual loading and/or
unloading;

1.4. sawing machinery with movable blade(s) during cutting, having mech­
anical movement of the blade, with manual loading and/or unloading.

2. Hand-fed surface planing machinery for woodworking.

3. Thicknessers for one-side dressing having a built-in mechanical feed

device, with manual loading and/or unloading for woodworking.

4. Band-saws with manual loading and/or unloading for working with wood
and material with similar physical characteristics or for working with meat
and material with similar physical characteristics, of the following types:

4.1. sawing machinery with fixed blade(s) during cutting, having a fixed or
reciprocating-movement bed or support for the workpiece;

4.2. sawing machinery with blade(s) assembled on a carriage with reciprocating

motion.

5. Combined machinery of the types referred to in points 1 to 4 and in

point 7 for working with wood and material with similar physical
characteristics.

6. Hand-fed tenoning machinery with several tool holders for woodworking.

7. Hand-fed vertical spindle moulding machinery for working with wood and
material with similar physical characteristics.

8. Portable chainsaws for woodworking.

9. Presses, including press-brakes, for the cold working of metals, with

manual loading and/or unloading, whose movable working parts may
have a travel exceeding 6 mm and a speed exceeding 30 mm/s.

10. Injection or compression plastics-moulding machinery with manual loading

or unloading.

11. Injection or compression rubber-moulding machinery with manual loading

or unloading.

12. Machinery for underground working of the following types:

12.1. locomotives and brake-vans;

12.2. hydraulic-powered roof supports.

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13. Manually loaded trucks for the collection of household refuse incorporating
a compression mechanism.
14. Removable mechanical transmission devices including their guards.
15. Guards for removable mechanical transmission devices.
16. Vehicle servicing lifts.
17. Devices for the lifting of persons or of persons and goods involving a
hazard of falling from a vertical height of more than three metres.
18. Portable cartridge-operated fixing and other impact machinery.
19. Protective devices designed to detect the presence of persons.
20. Power-operated interlocking movable guards designed to be used as safe­
guards in machinery referred to in points 9, 10 and 11.
21. Logic units to ensure safety functions.
22. Roll-over protective structures (ROPS).
23. Falling-object protective structures (FOPS).
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ANNEX V

Indicative list of the safety components referred to in Article 2(c)

1. Guards for removable mechanical transmission devices.

2. Protective devices designed to detect the presence of persons.
3. Power-operated interlocking movable guards designed to be used as safe­
guards in machinery referred to in items 9, 10 and 11 of Annex IV.
4. Logic units to ensure safety functions.
5. Valves with additional means for failure detection intended for the control of
dangerous movements on machinery.
6. Extraction systems for machinery emissions.
7. Guards and protective devices designed to protect persons against moving
parts involved in the process on the machinery.
8. Monitoring devices for loading and movement control in lifting machinery.
9. Restraint systems to keep persons on their seats.
10. Emergency stop devices.
11. Discharging systems to prevent the build-up of potentially dangerous elec­
trostatic charges.
12. Energy limiters and relief devices referred to in sections 1.5.7, 3.4.7 and
4.1.2.6 of Annex I.
13. Systems and devices to reduce the emission of noise and vibrations.
14. Roll-over protective structures (ROPS).
15. Falling-object protective structures (FOPS).
16. Two-hand control devices.
17. Components for machinery designed for lifting and/or lowering persons
between different landings and included in the following list:
(a) devices for locking landing doors;
(b) devices to prevent the load-carrying unit from falling or unchecked
upwards movement;
(c) overspeed limitation devices;
(d) energy-accumulating shock absorbers,
— non-linear, or
— with damping of the return movement;
(e) energy-dissipating shock absorbers;
(f) safety devices fitted to jacks of hydraulic power circuits where these are
used as devices to prevent falls;
(g) electric safety devices in the form of safety switches containing elec­
tronic components.
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ANNEX VI

Assembly instructions for partly completed machinery

The assembly instructions for partly completed machinery must contain a

description of the conditions which must be met with a view to correct incor­
poration in the final machinery, so as not to compromise safety and health.
The assembly instructions must be written in an official Community language
acceptable to the manufacturer of the machinery in which the partly completed
machinery will be assembled, or to his authorised representative.
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ANNEX VII

A. Technical file for machinery

This part describes the procedure for compiling a technical file. The technical
file must demonstrate that the machinery complies with the requirements of
this Directive. It must cover the design, manufacture and operation of the
machinery to the extent necessary for this assessment. The technical file must
be compiled in one or more official Community languages, except for the
instructions for the machinery, for which the special provisions of Annex I,
section 1.7.4.1 apply.

1. The technical file shall comprise the following:

(a) a construction file including:

— a general description of the machinery,

— the overall drawing of the machinery and drawings of the control

circuits, as well as the pertinent descriptions and explanations
necessary for understanding the operation of the machinery,

— full detailed drawings, accompanied by any calculation notes, test

results, certificates, etc., required to check the conformity of the
machinery with the essential health and safety requirements,

— the documentation on risk assessment demonstrating the procedure

followed, including:

(i) a list of the essential health and safety requirements which

apply to the machinery,

(ii) the description of the protective measures implemented to

eliminate identified hazards or to reduce risks and, when
appropriate, the indication of the residual risks associated
with the machinery,

— the standards and other technical specifications used, indicating the

essential health and safety requirements covered by these
standards,

— any technical report giving the results of the tests carried out either
by the manufacturer or by a body chosen by the manufacturer or
his authorised representative,

— a copy of the instructions for the machinery,

— where appropriate, the declaration of incorporation for included

partly completed machinery and the relevant assembly instructions
for such machinery,

— where appropriate, copies of the EC declaration of conformity of

machinery or other products incorporated into the machinery,

— a copy of the EC declaration of conformity;

(b) for series manufacture, the internal measures that will be implemented
to ensure that the machinery remains in conformity with the provisions
of this Directive.

The manufacturer must carry out necessary research and tests on

components, fittings or the completed machinery to determine whether
by its design or construction it is capable of being assembled and put
into service safely. The relevant reports and results shall be included in
the technical file.
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2. The technical file referred to in point 1 must be made available to the
competent authorities of the Member States for at least 10 years following
the date of manufacture of the machinery or, in the case of series manu­
facture, of the last unit produced.

The technical file does not have to be located in the territory of the
Community, nor does it have to be permanently available in material
form. However, it must be capable of being assembled and made
available within a period of time commensurate with its complexity by
the person designated in the EC declaration of conformity.

The technical file does not have to include detailed plans or any other
specific information as regards the sub-assemblies used for the manu­
facture of the machinery unless a knowledge of them is essential for
verification of conformity with the essential health and safety
requirements.

3. Failure to present the technical file in response to a duly reasoned request

by the competent national authorities may constitute sufficient grounds for
doubting the conformity of the machinery in question with the essential
health and safety requirements.

B. Relevant technical documentation for partly completed machinery

This part describes the procedure for compiling relevant technical documen­
tation. The documentation must show which requirements of this Directive
are applied and fulfilled. It must cover the design, manufacture and operation
of the partly completed machinery to the extent necessary for the assessment
of conformity with the essential health and safety requirements applied. The
documentation must be compiled in one or more official Community
languages.

It shall comprise the following:

(a) a construction file including:

— the overall drawing of the partly completed machinery and drawings

of the control circuits,

— full detailed drawings, accompanied by any calculation notes, test

results, certificates, etc., required to check the conformity of the
partly completed machinery with the applied essential health and
safety requirements,

— the risk assessment documentation showing the procedure followed,

including:

(i) a list of the essential health and safety requirements applied and
fulfilled,

(ii) the description of the protective measures implemented to

eliminate identified hazards or to reduce risks and, where appro­
priate, the indication of the residual risks,

(iii) the standards and other technical specifications used, indicating

the essential health and safety requirements covered by these
standards,

(iv) any technical report giving the results of the tests carried out
either by the manufacturer or by a body chosen by the manu­
facturer or his authorised representative,

(v) a copy of the assembly instructions for the partly completed

machinery;
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(b) for series manufacture, the internal measures that will be implemented to
ensure that the partly completed machinery remains in conformity with
the essential health and safety requirements applied.
The manufacturer must carry out necessary research and tests on components,
fittings or the partly completed machinery to determine whether by its design
or construction it is capable of being assembled and used safely. The relevant
reports and results shall be included in the technical file.
The relevant technical documentation must be available for at least 10 years
following the date of manufacture of the partly completed machinery or, in
the case of series manufacture, of the last unit produced, and on request
presented to the competent authorities of the Member States. It does not
have to be located in the territory of the Community, nor does it have to
be permanently available in material form. It must be capable of being
assembled and presented to the relevant authority by the person designated
in the declaration for incorporation.
Failure to present the relevant technical documentation in response to a duly
reasoned request by the competent national authorities may constitute
sufficient grounds for doubting the conformity of the partly completed
machinery with the essential health and safety requirements applied and
attested.
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ANNEX VIII

Assessment of conformity with internal checks on the manufacture of

machinery

1. This Annex describes the procedure by which the manufacturer or his auth­
orised representative, who carries out the obligations laid down in points 2
and 3, ensures and declares that the machinery concerned satisfies the relevant
requirements of this Directive.
2. For each representative type of the series in question, the manufacturer or his
authorised representative shall draw up the technical file referred to in
Annex VII, part A.
3. The manufacturer must take all measures necessary in order that the manu­
facturing process ensures compliance of the manufactured machinery with the
technical file referred to in Annex VII, part A, and with the requirements of
this Directive.
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ANNEX IX

EC type-examination
EC type-examination is the procedure whereby a notified body ascertains and
certifies that a representative model of machinery referred to in Annex IV
(hereafter named the type) satisfies the provisions of this Directive.

1. The manufacturer or his authorised representative must, for each type, draw
up the technical file referred to in Annex VII, part A.

2. For each type, the application for an EC type-examination shall be

submitted by the manufacturer or his authorised representative to a
notified body of his choice.

The application shall include:

— the name and address of the manufacturer and, where appropriate, his
authorised representative,

— a written declaration that the application has not been submitted to

another notified body,

— the technical file.

Moreover, the applicant shall place at the disposal of the notified body a
sample of the type. The notified body may ask for further samples if the
test programme so requires.

3. The notified body shall:

3.1. examine the technical file, check that the type was manufactured in
accordance with it and establish which elements have been designed in
accordance with the relevant provisions of the standards referred to in
Article 7(2), and those elements whose design is not based on the
relevant provisions of those standards;

3.2. carry out or have carried out appropriate inspections, measurements and
tests to ascertain whether the solutions adopted satisfy the essential health
and safety requirements of this Directive, where the standards referred to in
Article 7(2) were not applied;

3.3. where harmonised standards referred to in Article 7(2) were used, carry out
or have carried out appropriate inspections, measurements and tests to
verify that those standards were actually applied;

3.4. agree with the applicant as to the place where the check that the type was
manufactured in accordance with the examined technical file and the
necessary inspections, measurements and tests will be carried out.

4. If the type satisfies the provisions of this Directive, the notified body shall
issue the applicant with an EC type-examination certificate. The certificate
shall include the name and address of the manufacturer and his authorised
representative, the data necessary for identifying the approved type, the
conclusions of the examination and the conditions to which its issue may
be subject.

The manufacturer and the notified body shall retain a copy of this
certificate, the technical file and all relevant documents for a period of
15 years from the date of issue of the certificate.

5. If the type does not satisfy the provisions of this Directive, the notified
body shall refuse to issue the applicant with an EC type-examination
certificate, giving detailed reasons for its refusal. It shall inform the
applicant, the other notified bodies and the Member State which notified
it. An appeal procedure must be available.
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6. The applicant shall inform the notified body which retains the technical file
relating to the EC type-examination certificate of all modifications to the
approved type. The notified body shall examine these modifications and
shall then either confirm the validity of the existing EC type-examination
certificate or issue a new one if the modifications are liable to compromise
conformity with the essential health and safety requirements or the
intended working conditions of the type.
7. The Commission, the Member States and the other notified bodies may, on
request, obtain a copy of the EC type-examination certificates. On reasoned
request, the Commission and the Member States may obtain a copy of the
technical file and the results of the examinations carried out by the notified
body.
8. Files and correspondence referring to the EC type-examination procedures
shall be written in the official Community language(s) of the Member State
where the notified body is established or in any other official Community
language acceptable to the notified body.
9. Validity of the EC type-examination certificate
9.1. The notified body has the ongoing responsibility of ensuring that the EC
type-examination certificate remains valid. It shall inform the manufacturer
of any major changes which would have an implication on the validity of
the certificate. The notified body shall withdraw certificates which are no
longer valid.
9.2. The manufacturer of the machinery concerned has the ongoing responsi­
bility of ensuring that the said machinery meets the corresponding state of
the art.
9.3. The manufacturer shall request from the notified body the review of the
validity of the EC type-examination certificate every five years.
If the notified body finds that the certificate remains valid, taking into
account the state of the art, it shall renew the certificate for a further
five years.
The manufacturer and the notified body shall retain a copy of this
certificate, of the technical file and of all the relevant documents for a
period of 15 years from the date of issue of the certificate.
9.4. In the event that the validity of the EC-type examination certificate is not
renewed, the manufacturer shall cease the placing on the market of the
machinery concerned.
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ANNEX X

Full quality assurance

This Annex describes the conformity assessment of machinery referred to in
Annex IV, manufactured using a full quality assurance system, and the
procedure whereby a notified body assesses and approves the quality system
and monitors its application.

1. The manufacturer must operate an approved quality system for design,

manufacture, final inspection and testing, as specified in point 2, and
shall be subject to the surveillance referred to in point 3.

2. Quality system

2.1. The manufacturer or his authorised representative shall lodge an appli­

cation for assessment of his quality system to a notified body of his choice.

The application shall contain:

— the name and address of the manufacturer and, where appropriate, his
authorised representative,

— the places of design, manufacture, inspection, testing and storage of the

machinery,

— the technical file described in Annex VII, Part A, for one model of
each category of machinery referred to in Annex IV which he intends
to manufacture,

— the documentation on the quality system,

— a written declaration that the application has not been submitted to

another notified body.

2.2. The quality system must ensure conformity of the machinery with the
provisions of this Directive. All the elements, requirements and provisions
adopted by the manufacturer must be documented in a systematic and
orderly manner, in the form of measures, procedures and written instruc­
tions. The documentation on the quality system must permit a uniform
interpretation of the procedural and quality measures, such as quality
programmes, plans, manuals and records.

It must contain, in particular, an adequate description of:

— the quality objectives, the organisational structure, and the responsi­

bilities and powers of the management with regard to the design and
quality of the machinery,

— the technical design specifications, including standards that will be

applied and, where the standards referred to in Article 7(2) are not
applied in full, the means that will be used to ensure that the
essential health and safety requirements of this Directive are fulfilled,

— the design inspection and design verification techniques, processes and

systematic actions that will be used when designing machinery covered
by this Directive,

— the corresponding manufacturing, quality control and quality assurance

techniques, processes and systematic actions that will be used,
 02006L0042 — EN — 26.07.2019 — 005.001 — 76

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— the inspections and tests that will be carried out before, during and after
manufacture, and the frequency with which they will be carried out,

— the quality records, such as inspection reports and test data, calibration
data, and reports on the qualifications of the personnel concerned,

— the means of monitoring the achievement of the required design and

quality of the machinery, as well as the effective operation of the
quality system.

2.3. The notified body shall assess the quality system to determine whether it
satisfies the requirements of point 2.2.

The elements of the quality system which conform to the relevant

harmonised standard shall be presumed to conform to the corresponding
requirements referred to in point 2.2.

The team of auditors must have at least one member who is experienced in
the assessment of the technology of the machinery. The assessment
procedure shall include an inspection to be carried out at the manufacturer's
premises. During the assessment, the team of auditors shall carry out a
review of the technical files referred to in point 2.1, second paragraph,
third indent to ensure their compliance with the relevant health and
safety requirements.

The manufacturer or his authorised representative shall be notified of the

decision. The notification shall contain the conclusions of the examination
and the reasoned assessment decision. An appeal procedure must be
available.

2.4. The manufacturer shall undertake to fulfil the obligations arising from the
quality system as approved and to ensure that it remains appropriate and
effective.

The manufacturer or his authorised representative shall inform the notified

body which approved the quality system of any planned change to it.

The notified body shall evaluate the proposed changes and decide whether
the modified quality assurance system will continue to satisfy the
requirements referred to in point 2.2, or whether a re-assessment is
necessary.

It shall notify the manufacturer of its decision. The notification shall

contain the conclusions of the examination and the reasoned assessment
decision.

3. Surveillance under the responsibility of the notified body

3.1. The purpose of surveillance is to make sure that the manufacturer duly
fulfils the obligations arising out of the approved quality system.

3.2. The manufacturer shall, for inspection purposes, allow the notified body
access to the places of design, manufacture, inspection, testing and storage,
and shall provide it with all necessary information, such as:

— the documentation concerning the quality system,

— the quality records provided for in that part of the quality system
concerned with design, such as the results of analyses, calculations,
tests, etc.,

— the quality records provided for in that part of the quality system
concerned with manufacture, such as inspection reports and test data,
calibration data, reports on the qualifications of the personnel
concerned, etc.
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3.3. The notified body shall conduct periodic audits to make sure that the
manufacturer is maintaining and applying the quality system; it shall
provide the manufacturer with an audit report. The frequency of the
periodic audits shall be such that a full reassessment is carried out every
three years.
3.4. Moreover, the notified body may pay the manufacturer unannounced visits.
The need for these additional visits and their frequency will be determined
on the basis of a visit monitoring system managed by the notified body. In
particular, the following factors will be taken into account in the visits
monitoring system:
— the results of previous surveillance visits,
— the need to monitor remedial measures,
— where appropriate, special conditions attaching to approval of the
system,
— significant modifications in the organisation of the manufacturing
process, measures or techniques.
On the occasion of such visits, the notified body may, if necessary, carry
out tests or have them carried out in order to check the proper functioning
of the quality system. It shall provide the manufacturer with a visit report
and, if a test was carried out, with a test report.
4. The manufacturer or his authorised representative shall keep available for
the national authorities, for a period of ten years from the last date of
manufacture:
— the documentation referred to in point 2.1,
— the decisions and reports of the notified body referred to in point 2.4,
third and fourth subparagraphs, and in points 3.3 and 3.4.
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ANNEX XI

Minimum criteria to be taken into account by Member States for the

notification of bodies
1. The body, its director and the staff responsible for carrying out the verification
tests shall not be the designer, manufacturer, supplier or installer of machines
which they inspect, nor the authorised representative of any of these parties.
They shall not become involved, either directly or as authorised represen­
tatives, in the design, construction, marketing or maintenance of the
machines. This does not preclude the possibility of exchanges of technical
information between the manufacturer and the body.
2. The body and its staff shall carry out the verification tests with the highest
degree of professional integrity and technical competence and shall be free
from all pressures and inducements, particularly financial, which might
influence their judgement or the results of the inspection, especially from
persons or groups of persons with an interest in the result of verifications.
3. For each category of machinery for which it is notified, the body must possess
personnel with technical knowledge and sufficient and appropriate experience
to perform a conformity assessment. It must have the means necessary to
complete the technical and administrative tasks connected with implemen­
tation of the checks in an appropriate manner; it must also have access to
the equipment necessary for the exceptional checks.
4. The staff responsible for inspection shall have:
— sound technical and vocational training,
— satisfactory knowledge of the requirements of the tests they carry out and
adequate experience of such tests,
— the ability to draw up the certificates, records and reports required to
authenticate the performance of the tests.
5. The impartiality of inspection staff shall be guaranteed. Their remuneration
shall not depend on the number of tests carried out or on the results of such
tests.
6. The body shall take out liability insurance unless its liability is assumed by
the State in accordance with national law, or the Member State itself is
directly responsible for the tests.
7. The staff of the body shall be bound to observe professional secrecy with
regard to all information obtained in carrying out its tasks (except vis-à-vis the
competent administrative authorities of the State in which its activities are
carried out) under this Directive or any provision of national law giving effect
to it.
8. Notified bodies shall participate in coordination activities. They shall also take
part directly or be represented in European standardisation, or ensure that they
know the situation in respect of relevant standards.
9. Member States may take all necessary measures they regard as necessary in
order to ensure that, in the event of cessation of the activities of a notified
body, the files of its customers are sent to another body or are made available
to the Member State which has notified it.
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ANNEX XII

Correlation table (1)

Directive 98/37/EC This Directive

Article 1(1) Article 1(1)

Article 1(2)(a) Article 2(a) and (b)

Article 1(2)(b) Article 2(c)

Article 1(3) Article 1(2)

Article 1(4) Article 3

Article 1(5) —

Article 2(1) Article 4(1)

Article 2(2) Article 15

Article 2(3) Article 6(3)

Article 3 Article 5(1)(a)

Article 4(1) Article 6(1)

Article 4(2), first subparagraph Article 6(2)

Article 4(2), second subparagraph —

Article 4(3) —

Article 5(1), first subparagraph Article 7(1)

Article 5(1), second subparagraph —

Article 5(2), first subparagraph Article 7(2) and (3)

Article 5(2), last subparagraph —

Article 5(3) Article 7(4)

Article 6(1) Article 10

Article 6(2) Article 22

Article 7(1) Article 11(1) and (2)

Article 7(2) Article 11(3) and (4)

Article 7(3) Article 11(4)

Article 7(4) Article 11(5)

Article 8(1), first subparagraph Article 5(1)(e) and Article 12(1)

Article 8(1), second subparagraph Article 5(1)(f)

Article 8(2)(a) Article 12(2)

(1) This table indicates the relation between parts of Directive 98/37/EC and the parts of this Directive that deal
with the same subject. However, the content of the correlated parts is not necessarily identical.
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Directive 98/37/EC This Directive

Article 8(2)(b) Article 12(4)

Article 8(2)(c) Article 12(3)

Article 8(3) —

Article 8(4) —

Article 8(5) —

Article 8(6) Article 5(4)

Article 8(7) —

Article 8(8) —

Article 9(1), first subparagraph Article 14(1)

Article 9(1), second subparagraph Article 14(4)

Article 9(2) Article 14(3) and (5)

Article 9(3) Article 14(8)

Article 10(1 to 3) Article 16(1) to (3)

Article 10(4) Article 17

Article 11 Article 20

Article 12 Article 21

Article 13(1) Article 26(2)

Article 13(2) —

Article 14 —

Article 15 Article 28

Article 16 Article 29

Annex I — Preliminary observation 1 Annex I — General Principles point 2

Annex I — Preliminary observation 2 Annex I — General Principles point 3

Annex I — Preliminary observation 3 Annex I — General Principles point 4

Annex I, Part 1 Annex I, Part 1

Annex I, Section 1.1. Annex I, Section 1.1.

Annex I, Section 1.1.1. Annex I, Section 1.1.1.

Annex I, Section 1.1.2. Annex I, Section 1.1.2.

Annex I, Section 1.1.2(d) Annex I, Section 1.1.6.

Annex I, Section 1.1.3. Annex I, Section 1.1.3.

Annex I, Section 1.1.4. Annex I, Section 1.1.4.

Annex I, Section 1.1.5. Annex I, Section 1.1.5.

Annex I, Section 1.2. Annex I, Section 1.2.

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Directive 98/37/EC This Directive

Annex I, Section 1.2.1. Annex I, Section 1.2.1.

Annex I, Section 1.2.2. Annex I, Section 1.2.2.

Annex I, Section 1.2.3. Annex I, Section 1.2.3.

Annex I, Section 1.2.4. Annex I, Section 1.2.4.

Annex I, Section 1.2.4., paragraphs 1 to 3 Annex I, Section 1.2.4.1.

Annex I, Section 1.2.4., paragraphs 4 to 6 Annex I, Section 1.2.4.3.

Annex I, Section 1.2.4., paragraph 7 Annex I, Section 1.2.4.4.

Annex I, Section 1.2.5. Annex I, Section 1.2.5.

Annex I, Section 1.2.6. Annex I, Section 1.2.6.

Annex I, Section 1.2.7. Annex I, Section 1.2.1.

Annex I, Section 1.2.8. Annex I, Section 1.1.6.

Annex I, Section 1.3 Annex I, Section 1.3

Annex I, Section 1.3.1. Annex I, Section 1.3.1.

Annex I, Section 1.3.2. Annex I, Section 1.3.2.

Annex I, Section 1.3.3. Annex I, Section 1.3.3.

Annex I, Section 1.3.4. Annex I, Section 1.3.4.

Annex I, Section 1.3.5. Annex I, Section 1.3.5.

Annex I, Section 1.3.6. Annex I, Section 1.3.6.

Annex I, Section 1.3.7. Annex I, Section 1.3.7.

Annex I, Section 1.3.8 Annex I, Section 1.3.8.

Annex I, Section 1.3.8 A Annex I, Section 1.3.8.1.

Annex I, Section 1.3.8 B Annex I, Section 1.3.8.2.

Annex I, Section 1.4. Annex I, Section 1.4.

Annex I, Section 1.4.1. Annex I, Section 1.4.1.

Annex I, Section 1.4.2. Annex I, Section 1.4.2.

Annex I, Section 1.4.2.1. Annex I, Section 1.4.2.1.

Annex I, Section 1.4.2.2. Annex I, Section 1.4.2.2.

Annex I, Section 1.4.2.3. Annex I, Section 1.4.2.3.

Annex I, Section 1.4.3. Annex I, Section 1.4.3.

Annex I, Section 1.5. Annex I, Section 1.5.

Annex I, Section 1.5.1. Annex I, Section 1.5.1.

Annex I, Section 1.5.2. Annex I, Section 1.5.2.

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Directive 98/37/EC This Directive

Annex I, Section 1.5.3. Annex I, Section 1.5.3.

Annex I, Section 1.5.4. Annex I, Section 1.5.4.

Annex I, Section 1.5.5. Annex I, Section 1.5.5.

Annex I, Section 1.5.6. Annex I, Section 1.5.6.

Annex I, Section 1.5.7. Annex I, Section 1.5.7.

Annex I, Section 1.5.8. Annex I, Section 1.5.8.

Annex I, Section 1.5.9. Annex I, Section 1.5.9.

Annex I, Section 1.5.10. Annex I, Section 1.5.10.

Annex I, Section 1.5.11. Annex I, Section 1.5.11.

Annex I, Section 1.5.12. Annex I, Section 1.5.12.

Annex I, Section 1.5.13. Annex I, Section 1.5.13.

Annex I, Section 1.5.14. Annex I, Section 1.5.14.

Annex I, Section 1.5.15. Annex I, Section 1.5.15.

Annex I, Section 1.6. Annex I, Section 1.6.

Annex I, Section 1.6.1. Annex I, Section 1.6.1.

Annex I, Section 1.6.2. Annex I, Section 1.6.2.

Annex I, Section 1.6.3. Annex I, Section 1.6.3.

Annex I, Section 1.6.4. Annex I, Section 1.6.4.

Annex I, Section 1.6.5. Annex I, Section 1.6.5.

Annex I, Section 1.7. Annex I, Section 1.7.

Annex I, Section 1.7.0. Annex I, Section 1.7.1.1.

Annex I, Section 1.7.1. Annex I, Section 1.7.1.2.

Annex I, Section 1.7.2. Annex I, Section 1.7.2.

Annex I, Section 1.7.3. Annex I, Section 1.7.3.

Annex I, Section 1.7.4. Annex I, Section 1.7.4.

Annex I, Section 1.7.4.(b) and (h) Annex I, Section 1.7.4.1.

Annex I, Section 1.7.4.(a) and (c) and (e) to (g) Annex I, Section 1.7.4.2.

Annex I, Section 1.7.4.(d) Annex I, Section 1.7.4.3.

Annex I, Part 2 Annex I, Part 2

Annex I, Section 2.1. Annex I, Section 2.1.

Annex I, Section 2.1., paragraph 1 Annex I, Section 2.1.1.

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Directive 98/37/EC This Directive

Annex I, Section 2.1., paragraph 2 Annex I, Section 2.1.2.

Annex I, Section 2.2. Annex I, Section 2.2.

Annex I, Section 2.2., paragraph 1 Annex I, Section 2.2.1.

Annex I, Section 2.2., paragraph 2 Annex I, Section 2.2.1.1.

Annex I, Section 2.3. Annex I, Section 2.3.

Annex I, Part 3 Annex I, Part 3

Annex I, Section 3.1. Annex I, Section 3.1.

Annex I, Section 3.1.1. Annex I, Section 3.1.1.

Annex I, Section 3.1.2. Annex I, Section 1.1.4.

Annex I, Section 3.1.3. Annex I, Section 1.1.5.

Annex I, Section 3.2. Annex I, Section 3.2.

Annex I, Section 3.2.1. Annex I, Section 1.1.7. and 3.2.1.

Annex I, Section 3.2.2. Annex I, Sections 1.1.8. and 3.2.2.

Annex I, Section 3.2.3. Annex I, Section 3.2.3.

Annex I, Section 3.3. Annex I, Section 3.3.

Annex I, Section 3.3.1. Annex I, Section 3.3.1.

Annex I, Section 3.3.2. Annex I, Section 3.3.2.

Annex I, Section 3.3.3. Annex I, Section 3.3.3.

Annex I, Section 3.3.4. Annex I, Section 3.3.4.

Annex I, Section 3.3.5. Annex I, Section 3.3.5.

Annex I, Section 3.4. Annex I, Section 3.4.

Annex I, Section 3.4.1., paragraph 1 Annex I, Section 1.3.9.

Annex I, Section 3.4.1., paragraph 2 Annex I, Section 3.4.1.

Annex I, Section 3.4.2. Annex I, Section 1.3.2.

Annex I, Section 3.4.3. Annex I, Section 3.4.3.

Annex I, Section 3.4.4. Annex I, Section 3.4.4.

Annex I, Section 3.4.5. Annex I, Section 3.4.5.

Annex I, Section 3.4.6. Annex I, Section 3.4.6.

Annex I, Section 3.4.7. Annex I, Section 3.4.7.

Annex I, Section 3.4.8. Annex I, Section 3.4.2.

Annex I, Section 3.5. Annex I, Section 3.5.

Annex I, Section 3.5.1. Annex I, Section 3.5.1.

Annex I, Section 3.5.2. Annex I, Section 3.5.2.

Annex I, Section 3.5.3. Annex I, Section 3.5.3.

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Directive 98/37/EC This Directive

Annex I, Section 3.6. Annex I, Section 3.6.

Annex I, Section 3.6.1. Annex I, Section 3.6.1.

Annex I, Section 3.6.2. Annex I, Section 3.6.2.

Annex I, Section 3.6.3. Annex I, Section 3.6.3.

Annex I, Section 3.6.3(a) Annex I, Section 3.6.3.1.

Annex I, Section 3.6.3(b) Annex I, Section 3.6.3.2.

Annex I, Part 4 Annex I, Part 4

Annex I, Section 4.1. Annex I, Section 4.1.

Annex I, Section 4.1.1. Annex I, Section 4.1.1.

Annex I, Section 4.1.2. Annex I, Section 4.1.2.

Annex I, Section 4.1.2.1. Annex I, Section 4.1.2.1.

Annex I, Section 4.1.2.2. Annex I, Section 4.1.2.2.

Annex I, Section 4.1.2.3. Annex I, Section 4.1.2.3.

Annex I, Section 4.1.2.4. Annex I, Section 4.1.2.4.

Annex I, Section 4.1.2.5. Annex I, Section 4.1.2.5.

Annex I, Section 4.1.2.6. Annex I, Section 4.1.2.6.

Annex I, Section 4.1.2.7. Annex I, Section 4.1.2.7.

Annex I, Section 4.1.2.8. Annex I, Section 1.5.16.

Annex I, Section 4.2. Annex I, Section 4.2.

Annex I, Section 4.2.1. —

Annex I, Section 4.2.1.1. Annex I, Section 1.1.7.

Annex I, Section 4.2.1.2. Annex I, Section 1.1.8.

Annex I, Section 4.2.1.3. Annex I, Section 4.2.1.

Annex I, Section 4.2.1.4. Annex I, Section 4.2.2.

Annex I, Section 4.2.2. Annex I, Section 4.2.3.

Annex I, Section 4.2.3. Annex I, Sections 4.1.2.7. and 4.1.2.8.2.

Annex I, Section 4.2.4. Annex I, Section 4.1.3.

Annex I, Section 4.3. Annex I, Section 4.3.

Annex I, Section 4.3.1. Annex I, Section 4.3.1.

Annex I, Section 4.3.2. Annex I, Section 4.3.2.

Annex I, Section 4.3.3. Annex I, Section 4.3.3.

Annex I, Section 4.4. Annex I, Section 4.4.

Annex I, Section 4.4.1. Annex I, Section 4.4.1.

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Directive 98/37/EC This Directive

Annex I, Section 4.4.2. Annex I, Section 4.4.2.

Annex I, Part 5 Annex I, Part 5

Annex I, Section 5.1. Annex I, Section 5.1.

Annex I, Section 5.2. Annex I, Section 5.2.

Annex I, Section 5.3. —

Annex I, Section 5.4. Annex I, Section 5.3.

Annex I, Section 5.5. Annex I, Section 5.4.

Annex I, Section 5.6. Annex I, Section 5.5.

Annex I, Section 5.7. Annex I, Section 5.6.

Annex I, Part 6 Annex I, Part 6

Annex I, Section 6.1. Annex I, Section 6.1.

Annex I, Section 6.1.1. Annex I, Section 4.1.1.(g)

Annex I, Section 6.1.2. Annex I, Section 6.1.1.

Annex I, Section 6.1.3. Annex I, Section 6.1.2.

Annex I, Section 6.2. Annex I, Section 6.2.

Annex I, Section 6.2.1. Annex I, Section 6.2.

Annex I, Section 6.2.2. Annex I, Section 6.2.

Annex I, Section 6.2.3. Annex I, Section 6.3.1.

Annex I, Section 6.3. Annex I, Section 6.3.2.

Annex I, Section 6.3.1. Annex I, Section 6.3.2., paragraph 3

Annex I, Section 6.3.2. Annex I, Section 6.3.2., paragraph 4

Annex I, Section 6.3.3. Annex I, Section 6.3.2., paragraph 1

Annex I, Section 6.4.1. Annex I, Sections 4.1.2.1., 4.1.2.3. and 6.1.1.

Annex I, Section 6.4.2. Annex I, Section 6.3.1.

Annex I, Section 6.5. Annex I, Section 6.5.

Annex II, Parts A and B Annex II, Part 1,Section A

Annex II, Part C —

Annex III Annex III

Annex IV.A.1 (1.1. to 1.4) Annex IV.1 (1.1. to 1.4)

Annex IV.A.2 Annex IV.2

Annex IV.A.3 Annex IV.3

Annex IV.A.4 Annex IV.4 (4.1 and 4.2)

Annex IV.A.5 Annex IV.5

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Directive 98/37/EC This Directive

Annex IV.A.6 Annex IV.6

Annex IV.A.7 Annex IV.7

Annex IV.A.8 Annex IV.8

Annex IV.A.9 Annex IV.9

Annex IV.A.10 Annex IV.10

Annex IV.A.11 Annex IV.11

Annex IV.A.12 (first and second indent) Annex IV.12 (12.1 and 12.2)

Annex IV.A.12 (third indent) —

Annex IV.A.13 Annex IV.13

Annex IV.A.14, first part Annex IV.15

Annex IV.A.14, second part Annex IV.14

Annex IV.A.15 Annex IV.16

Annex IV.A.16 Annex IV.17

Annex IV.A.17 —

Annex IV.B.1 Annex IV.19

Annex IV.B.2 Annex IV.21

Annex IV.B.3 Annex IV.20

Annex IV.B.4 Annex IV.22

Annex IV.B.5 Annex IV.23

Annex V, Section 1 —

Annex V, Section 2 —

Annex V, Section 3, first subparagraph, point (a) Annex VII, Part A, Section 1, first subparagraph,
point (a)

Annex V, Section 3, first subparagraph, point (b) Annex VII, Part A, Section 1, first subparagraph,
point (b)

Annex V, Section 3, second subparagraph Annex VII, Part A, Section 1, second subpara­
graph

Annex V, Section 3, third subparagraph Annex VII, Part A, Section 3

Annex V, Section 4(a) Annex VII, Part A. Section 2, second and third
subparagraphs

Annex V, Section 4 (b) Annex VII, Part A. Section 2, first subparagraph

Annex V, Section 4(c) Annex VII, Part A, Introduction

Annex VI, Section 1 Annex IX, Introduction

Annex VI, Section 2 Annex IX, Sections 1 and 2

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Directive 98/37/EC This Directive

Annex VI, Section 3 Annex IX, Section 3

Annex VI, Section 4, first subparagraph Annex IX, Section 4, first subparagraph

Annex VI, Section 4, second subparagraph Annex IX, Section 7

Annex VI, Section 5 Annex IX, Section 6

Annex VI, Section 6, first sentence Annex IX, Section 5

Annex VI, Section 6, second and third sentences Article 14(6)

Annex VI, Section 7 Annex IX, Section 8

Annex VII, Section 1 Annex XI, Section 1

Annex VII, Section 2 Annex XI, Section 2

Annex VII, Section 3 Annex XI, Section 3

Annex VII, Section 4 Annex XI, Section 4

Annex VII, Section 5 Annex XI, Section 5

Annex VII, Section 6 Annex XI, Section 6

Annex VII, Section 7 Annex XI, Section 7

Annex VIII —

Annex IX —