Article 9 : Specific measures to deal with potentially hazardous machinery - machinery directive 2006/42/EC

The text in RED color is the amended or added text in comparison with the former 98/37/EC machinery directive.

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.

3. 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.

Taking due account of the results of this consultation, it shall adopt the necessary measures in accordance with the procedure referred to in Article 22(3).

Comment:

This article comprise two procedures for dangerous machines. It sets the rules and powers between the Commission and the Member States for a machine or type of machine.

Original Comment:

Cet article comprend 2 procédures de mesures pour des machines dangereuses. Il fixe les règles et pouvoirs entre la Commission et les Etats Membres pour une machine ou un type de machines.