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- Machinery Directive
- History of the Machinery Directive 2006/42/EC
- Machinery directive 2006/42/EC
- Whereas of machinery directive 2006/42/EC
- Articles of machinery directive 2006/42/EC
- Article 1 of machinery directive 2006/42/EC - Scope
- Article 2 of machinery directive 2006/42/EC - Definitions
- Article 3 : Specific Directives of machinery directive 2006/42/EC
- Article 4 : Market surveillance of machinery directive 2006/42/EC
- Article 5 : Placing on the market and putting into service - machinery directive 2006/42/EC
- Article 6 : Freedom of movement - machinery directive 2006/42/EC
- Article 7 : Presumption of conformity and harmonised standards - machinery directive 2006/42/EC
- Article 8 : Specific measures - machinery directive 2006/42/EC
- Article 9 : Specific measures to deal with potentially hazardous machinery - machinery directive 2006/42/EC
- Article 10 : Procedure for disputing a harmonised standard - machinery directive 2006/42/EC
- Article 11 : Safeguard clause - machinery directive 2006/42/EC
- Article 12 : Procedures for assessing the conformity of machinery - machinery directive 2006/42/EC
- Article 13 : Procedure for partly completed machinery - 2006/42/EC
- Article 14 : Notified bodies - machinery directive 2006/42/EC
- Article 15 : Installation and use of machinery - machinery directive 2006/42/EC
- Article 16 : CE marking - machinery directive 2006/42/EC
- Article 17 : Non-conformity of marking - machinery directive 2006/42/EC
- Article 18 : Confidentiality - machinery directive 2006/42/EC
- Article 19 : Cooperation between Member States - machinery directive 2006/42/EC
- Article 20 : Legal remedies - machinery directive 2006/42/EC
- Article 21 : Dissemination of information - machinery directive 2006/42/EC
- Article 22 : Committee - machinery directive 2006/42/EC
- Article 23 : Penalties - machinery directive 2006/42/EC
- Article 24 : Amendment of Directive 95/16/EC - machinery directive 2006/42/EC
- Article 25 : Repeal - machinery directive 2006/42/EC
- Article 26 : Transposition - machinery directive 2006/42/EC
- Article 27 : Derogation - machinery directive 2006/42/EC
- Article 28 : Entry into force - machinery directive 2006/42/EC
- Article 29 : Addressees - machinery directive 2006/42/EC
- ANNEX I of machinery directive 2006/42/EC - Summary
- GENERAL PRINCIPLES of annex 1 of machinery directive 2006/42/EC
- 1 ESSENTIAL HEALTH AND SAFETY REQUIREMENTS of annex 1 - definitions - machinery directive 2006/42/EC
- Article 1.1.2. Principles of safety integration of annex 1 machinery directive 2006/42/EC
- Article 1.1.3. Materials and products annex 1 machinery directive 2006/42/EC
- Article 1.1.4. Lighting - annex 1 machinery directive 2006/42/EC
- Article 1.1.5. Design of machinery to facilitate its handling - annex 1 machinery directive 2006/42/EC
- Article 1.1.6. Ergonomics - annex 1 machinery directive 2006/42/EC
- Article 1.1.7. Operating positions - annex 1 machinery directive 2006/42/EC
- Article 1.1.8. Seating - annex 1 machinery directive 2006/42/EC
- Article 1.2.1. Safety and reliability of control systems - annex 1 of machinery directive 2006/42/EC
- Article 1.2.2. Control devices - annex 1 of machinery directive 2006/42/EC
- Article 1.2.3. Starting - annex 1 of machinery directive 2006/42/EC
- Article 1.2.4. Stopping - annex 1 of machinery directive 2006/42/EC
- Article 1.2.4.4. Assembly of machinery - Annex 1 of machinery directive 2006/42/EC
- Article 1.2.5. Selection of control or operating modes - annex 1 of machinery directive 2006/42/EC
- Article 1.2.6. Failure of the power supply - annex 1 of machinery directive 2006/42/EC
- Article 1.3. PROTECTION AGAINST MECHANICAL HAZARDS - annex 1 of machinery directive 2006/42/EC
- Article 1.4. REQUIRED CHARACTERISTICS OF GUARDS AND PROTECTIVE DEVICES - annex 1 of machinery directive 2006/42/EC
- Article 1.5. RISKS DUE TO OTHER HAZARDS - annex 1 of machinery directive 2006/42/EC
- Article 1.6. MAINTENANCE - annex 1 of machinery directive 2006/42/EC
- Article 1.7. INFORMATION - annex 1 of machinery directive 2006/42/EC
- Article 2. SUPPLEMENTARY ESSENTIAL HEALTH AND SAFETY REQUIREMENTS - annex 1 machinery directive 2006/42/EC
- Article 3. SUPPLEMENTARY ESSENTIAL HEALTH TO THE MOBILITY OF MACHINERY - annex 1 machinery directive 2006/42/EC
- Article 4. SUPPLEMENTARY REQUIREMENTS TO OFFSET HAZARDS DUE TO LIFTING OPERATIONS of machinery directive 2006/42/EC
- Article 5. SUPPLEMENTARY ESSENTIAL HEALTH AND SAFETY REQUIREMENTS FOR UNDERGROUND WORK of machinery directive 2006/42/EC
- Article 6. SUPPLEMENTARY REQUIREMENTS - HAZARDS DUE TO THE LIFTING OF PERSONS of machinery directive 2006/42/EC
- Annex II : Declarations of CONFORMITY OF THE MACHINERY, DECLARATION OF INCORPORATION - machinery directive 2006/42/EC
- Annex III of machinery directive 2006/42/EC - CE marking
- Annex IV of machinery directive 2006/42/EC
- Annex V of machinery directive 2006/42/EC
- Annex VI of machinery directive 2006/42/EC
- Annex VII - Technical file for machinery - machinery directive 2006/42/EC
- Annex VIII - Assessment of conformity of machinery directive 2006/42/EC
- Annex IX of machinery directive 2006/42/EC - EC type-examination
- Annex X of machinery directive 2006/42/EC - Full quality assurance
- Annex XI of machinery directive 2006/42/EC - Minimum criteria for the notification of bodies
- Annex XII of machinery directive 2006/42/EC - Correlation table between machinery directive 2006/42/CE and MD 1998/37/CE
- Machinery directive 1998/37/EC
- considerings of machinery directive 1998/37/CE
- articles of 1998/37/EC machinery directive
- Annex I of 1998/37/CE machinery directive
- Annex II of 1998/37/EC machinery directive
- Annex III of machinery directive 1998/37/CE
- Annex IV of machine directive 1998/37/EC
- Annex V of machines directive 1998/37/CE
- Annex VI of machines directive 1998/37/EC
- Annex VII of machines directive 1998/37/EC
- Annex VIII of 1998/37/CE machine directive
- Annex IX of machinery directive 1998/37/CE
- Machinery directive 1989/392/EC
- whereas of machinery directive machines 1989/392/EEC
- articles of machinery directive 1989/392/EEC
- Annex I of machinery directive 1989/392/EEC
- Annex II of machine directive 1989/392/EEC
- Annex III of machinery directive 1989/392/EEC
- Annex IV of machinery directive 1989/392/EEC
- Annex V of machinery directive 1989/392/EEC
- Annex VI of machine directive 1989/392/EEC
- Annexe VII of machinery directive 1989/392/EEC
- Amendments of 1989/392/EEC directive
- ATEX directives
- ATEX 94/9/EC directive
- Whereas of ATEX 94/9/CE directive
- Articles of ATEX 94/9/CE directive
- article 1 ATEX 94/9/EC directive
- article 2 ATEX 94/9/EC directive
- article 3 ATEX 94/9/EC directive
- article 4 : ATEX 94/9/EC directive
- article 5 : ATEX 94/9/EC directive
- article 6 : ATEX 94/9/EC directive
- article 7 : ATEX 94/9/EC directive
- article 8 ATEX 94/9/EC directive
- article 9 : ATEX 94/9/EC directive
- article 10 : ATEX 94/9/EC directive
- article 11 : ATEX 94/9/EC directive
- article 12 : ATEX 94/9/EC directive
- article 13 : ATEX 94/9/EC directive
- article 14 : ATEX 94/9/EC directive
- article 15 : ATEX 94/9/EC directive
- article 16 : ATEX 94/9/EC directive
- ANNEX I of ATEX 94/9/EC directive : CRITERIA DETERMINING THE CLASSIFICATION OF EQUIPMENT-GROUPS INTO CATEGORIES
- ANNEX II of ATEX 94/9/EC : directive ESSENTIAL HEALTH AND SAFETY REQUIREMENTS -EHSR
- ANNEX III of ATEX 94/9/EC directive : MODULE EC-TYPE EXAMINATION
- ANNEX IV of ATEX 94/9/EC directive : MODULE PRODUCTION QUALITY ASSURANCE
- ANNEX V of ATEX 94/9/EC directive : MODULE PRODUCT VERIFICATION
- ANNEX VI of ATEX 94/9/EC directive : MODULE CONFORMITY TO TYPE
- ANNEX VII of ATEX 94/9/EC directive : MODULE PRODUCT QUALITY ASSURANCE
- ANNEX VIII of ATEX 94/9/EC directive : MODULE INTERNAL CONTROL OF PRODUCTION
- ANNEX IX of ATEX 94/9/EC directive : MODULE UNIT VERIFICATION
- ANNEX X of ATEX 94/9/EC directive : CE Marking - Content of the EC declaration of conformity
- ANNEX XI of ATEX 94/9/EC directive: NOTIFICATION OF BODIES
- ATEX 99/92/EC Directive
- ATEX DIRECTIVE 2014/34/UE
- whereas of 2014/34/UE ATEX directive
- Articles of ATEX 2014/34/UE directive
- Annex 1 of ATEX 2014/34/UE directive
- Annex 2 of the ATEX 2014/34/UE directive
- Annex 3 of ATEX 2014/34/UE directive
- Annex 4 of ATEX 2014/34/UE directive
- Annex 5 of ATEX 2014/34/UE directive
- Annex 6 of ATEX 2014/34/UE directive
- Annex 7 of ATEX 94/9/EC directive
- Annex 8 of the ATEX 2014/34/UE directive
- Annex 9 of the ATEX 2014/34/UE directive
- Annex 10 of ATEX 2014/34/UE directive
- Annex 11 of ATEX 2014/34/UE directive
- Annex 12 of the ATEX 2014/34/UE directive
- Audits in Ex field - EN 13980, OD 005 and EN ISO/CEI 80079-34
- New ATEX directive
- RASE european project
- ATEX 94/9/EC directive
- IECEX
- Standardization & European Regulation
- Safety of machines : Standardization and European regulations
- European regulation for machines - standardization for machines - harmonized standards
- Standardization in machinery
- EN ISO 12100 - Décembre 2010
- EN ISO 12100-1 - January 2004
- EN ISO 12100-1:2003/A1
- EN ISO 12100-2 November 2003
- EN ISO 12100-2:2003/A1
- EN ISO 14121-1 September 2007
- ISO/TR 14121-2 - 2007
- EN 50205:2002 standard - Relays with forcibly guided (mechanically linked) contacts
- ISO 11161:2007
- ISO 13849-1:2006
- ISO 13849-2:2012
- ISO 13850:2006 - Safety of machinery -- Emergency stop -- Principles for design
- ISO 13851:2002 - Safety of machinery -- Two-hand control devices -- Functional aspects and design principles
- ISO 13854:1996 Safety of machinery - Minimum gaps to avoid crushing of parts of the human body
- ISO 13855:2010 - Safety of machinery -- Positioning of safeguards with respect to the approach speeds of parts of the human body
- ISO 13856-1:2013 Safety of machinery -- Pressure-sensitive protective devices -- Part 1: General principles
- ISO 13856-2:2013 - Safety of machinery -- Pressure-sensitive protective devices -- Part 2: General principles for design testing
- ISO 13856-3:2013 Safety of machinery -- Pressure-sensitive protective devices - Part 3: General principles for design
- ISO 13857:2008 Safety of machinery -- Safety distances to prevent hazard zones
- ISO 14118:2000 - Safety of machinery -- Prevention of unexpected start-up
- ISO 14119:2013- Interlocking devices associated with guards
- ISO 14120:2002 - Guards -- General requirements for the design and construction
- ISO 14122-1:2001 - Permanent means of access to machinery
- ISO 14122-2:2001 - Permanent means of access to machinery
- ISO 14122-4:2004 - Permanent means of access to machinery
- ISO 14123-1:1998 - Reduction of risks to health from hazardous substances emitted by machinery
- ISO 14123-2:1998 - Reduction of risks to health from hazardous substances emitted by machinery
- ISO 14159:2002 - Hygiene requirements for the design of machinery
- ISO 19353:2005 -- Fire prevention and protection
- ISO/AWI 17305 - Safety of machinery - Safety functions of control systems
- ISO/DTR 22100-2 - Safety of machinery -- Part 2: How ISO 12100 relates to ISO 13849-1
- ISO/TR 14121-2:2012 - Risk assessment - Part 2: Practical guidance
- ISO/TR 18569:2004 - Guidelines for the understanding and use of safety of machinery standards
- ISO/TR 23849:2010 - Guidance on the application of ISO 13849-1 and IEC 62061 in the design of safety-related control systems
- STABILITY DATES FOR Machinery STANDARDS
- harmonized standards list - machinery-directive 2006/42/CE
- Publication of harmonised standards for machinery directive 2006/42/EC - 9.3.2018
- Harmonized standard list - machinery directive 2006/42/EC - 9.6.2017
- Harmonized standards for machinery - OJ C 2016/C173/01 of 15/05/2016
- Harmonized standards for machinery -OJ C 2016/C14/102 of 15/01/2016
- Harmonized standards for machinery - corrigendum OJ C 2015/C 087/03 of 13/03/2015
- harmonized standards for machinery - OJ C 2015/C 054/01 of 13/02/2015
- Application guide for machinery directive 2006/42/EC
- Guide to application of the machinery directive 2006/42/CE - July 2017
- Guide to application of the Machinery Directive 2006/42/EC - second edition June 2010
- Guide to application of machinery directive - 1-2 : The citations
- Guide to application of machinery directive - § 3 to § 31 The Recitals
- Guide to application of machinery directive - § 32 to § 156 - The Articles
- Guide to application of machinery directive - § 157 to § 381 - Annex I
- Guide to application of machinery directive - § 382 to § 386 - ANNEX II Declarations
- Guide to application of machinery directive - § 387 - ANNEX III CE marking
- recommendation for use - machinery directive 2006/42/EC
- Notified bodies under the machinery directive 2006/42/CE
- Safety of Ex, ATEX and IECEx equipments : Standardization
- Standardization in Ex Field
- The transposition of the ATEX 94/9/EC Directive to the 2014/34/EU directive
- harmonized standards list - ATEX directive 2014/34/EU
- Harmonized standard list for ATEX 2014/34/UE - 12-10-2018
- Harmonized standard list for ATEX 2014/34/UE - 15.6.2018
- Harmonized standard list for ATEX 2014/34/UE - 12-07-2019
- Harmonized standard list for ATEX 2014/34/UE - 9.6.2017
- Harmonized standards list ATEX 2014/34/UE directive - OJ C 126 - 08/04/2016
- Guide to application of the ATEX Directive 2014/34/EU
- application guide of 2014/34/EU directive - preambule, citations and recitals
- Guide to application of the ATEX 2014/34/UE directive - THE ARTICLES OF THE ATEX DIRECTIVE
- Guide to application of the ATEX 2014/34/UE directive - ANNEX I CLASSIFICATION INTO CATEGORIES
- Guide to application of the ATEX 2014/34/UE directive - ANNEX II ESSENTIAL HEALTH AND SAFETY REQUIREMENTS
- Guide to application of the ATEX 2014/34/UE directive - ANNEX III MODULE B: EU-TYPE EXAMINATION
- Guide to application of the ATEX 2014/34/UE directive - ANNEX IV MODULE D: CONFORMITY TO TYPE
- Guide to application of machinery directive - § 388 - ANNEX IV machinery and mandatory certification
- Guide to application of the ATEX 2014/34/UE directive - ANNEX V MODULE F: CONFORMITY TO TYPE
- Alignment of ten technical harmonisation directives - Decision No 768/2008/EC
- ATEX 94/9/EC directive documents
- ATEX 94/9/EC guidelines
- ATEX 94/9/EC guidelines 4th edition
- 1 INTRODUCTION of ATEX 94/9/EC guidelines 4th edition
- 2 OBJECTIVE OF THE ATEX DIRECTIVE 94/9/EC - ATEX 94/9/EC guidelines 4th edition
- 3 GENERAL CONCEPTS of ATEX 94/9/EC directive ATEX 94/9/EC guidelines 4th edition
- 4 IN WHICH CASES DOES DIRECTIVE 94/9/EC APPLY - ATEX 94/9/EC guidelines 4th edition
- 5 EQUIPMENT NOT IN THE SCOPE OF DIRECTIVE 94/9/EC - ATEX 94/9/EC guidelines 4th edition
- 6 APPLICATION OF DIRECTIVE 94/9/EC ALONGSIDE OTHERS THAT MAY APPLY - ATEX 94/9/EC guidelines 4th edition
- 7 USED, REPAIRED OR MODIFIED PRODUCTS AND SPARE PARTS - ATEX 94/9/EC guidelines 4th edition
- 8 CONFORMITY ASSESSMENT PROCEDURES - ATEX 94/9/EC guidelines 4th edition
- 9 NOTIFIED BODIES - ATEX 94/9/EC guidelines 4th edition
- 10 DOCUMENTS OF CONFORMITY - ATEX 94/9/EC guidelines 4th edition
- 11 MARKING - CE marking -ATEX 94/9/EC guidelines 4th edition
- 12 SAFEGUARD CLAUSE AND PROCEDURE - ATEX 94/9/EC guidelines 4th edition
- 13 EUROPEAN HARMONISED STANDARDS - ATEX 94/9/EC guidelines 4th edition
- 14 USEFUL WEBSITES - ATEX 94/9/EC guidelines 4th edition
- ANNEX I: SPECIFIC MARKING OF EXPLOSION PROTECTION - ATEX 94/9/EC guidelines 4th edition
- ANNEX II: BORDERLINE LIST - ATEX PRODUCTS - ATEX 94/9/EC guidelines 4th edition
- ATEX 94/9/EC guidelines 4th edition
- Harmonized standards list - ATEX 94/9/EC directive
- Harmonized standards list ATEX 94/9/EC directive - OJ C 126 - 08/04/2016
- Harmonized standards list ATEX 94/9/EC - OJ C 335 - 09/10/2015
- Harmonized standards list ATEX 94/9/EC - OJ-C 445-02 - 12/12/2014
- Harmonized standards list ATEX 94/9/EC - OJ-C 076-14/03/2014
- Harmonized standards list ATEX 94/9/EC - OJ-C 319 05/11/2013
- ATEX 94/9/EC guidelines
- European regulation for ATEX 94/9/EC ATEX directive
- Guide to application of ATEX 2014/34/EU directive second edition
- Safety of machines : Standardization and European regulations
- Latest news & Newsletters
- Functional safety
- Terms and definitions for functional safety
- Safety devices in ATEX
- The SAFEC project
- main report of the SAFEC project
- Appendix 1 of the SAFEC project - guidelines for functional safety
- Appendix 2 of the SAFEC project
- ANNEX A - SAFEC project - DERIVATION OF TARGET FAILURE MEASURES
- ANNEX B - SAFEC project - ASSESSMENT OF CURRENT CONTROL SYSTEM STANDARDS
- ANNEX C - safec project - IDENTIFICATION OF “USED SAFETY DEVICES”
- Annex D - SAFEC project - study of ‘ Used Safety Devices’
- Annex E - Determination of a methodology for testing, validation and certification
- EN 50495 standard for safety devices
- The SAFEC project
- Safety components in Machinery
- STSARCES - Standards for Safety Related Complex Electronic Systems
- STSARCES project - final report
- STSARCES - Annex 1 : Software engineering tasks - Case tools
- STSARCES - Annex 2 : tools for Software - fault avoidance
- STSARCES - Annex 3 : Guide to evaluating software quality and safety requirements
- STSARCES - Annex 4 : Guide for the construction of software tests
- STSARCES - Annex 5 : Common mode faults in safety systems
- STSARCES - Annex 6 : Quantitative Analysis of Complex Electronic Systems using Fault Tree Analysis and Markov Modelling
- STSARCES - Annex 7 : Methods for fault detection
- STSARCES - Annex 8 : Safety Validation of Complex Components - Validation by Analysis
- STSARCES - Annex 9 : safety Validation of complex component
- STSARCES - Annex 10 : Safety Validation of Complex Components - Validation Tests
- STSARCES - Annex 11 : Applicability of IEC 61508 - EN 954
- STSARCES - Annex 12 : Task 2 : Machine Validation Exercise
- STSARCES - Annex 13 : Task 3 : Design Process Analysis
- STSARCES - Annex 14 : ASIC development and validation in safety components
- Functional safety in machinery - EN 13849-1 - Safety-related parts of control systems
- STSARCES - Standards for Safety Related Complex Electronic Systems
- History of standards for functional safety in machinery
- Basic safety principles - Well-tried safety principles - well tried components
- Functional safety - detection error codes - CRC and Hamming codes
- Functional safety - error codes detection - parity and chechsum
- Functional safety and safety fieldbus
- ISO 13849-1 and SISTEMA
- Prevention of unexpected start-up and machinery directive
- Self tests for micro-controllers
- Validation by analysis of complex safety systems
- basic safety principles - safety relays for machinery
- Download center
- New machinery regulation
- Revision of machinery directive 2006/42/EC
- security for machines
articles of machinery directive 1989/392/EEC
CHAPTER I : SCOPE, PLACING ON THE MARKET AND FREEDOM OF MOVEMENT
Article 1
1. This Directive applies to machinery and lays down the essential health and safety requirements therefor, as defined in Annex I.
2. For the purposes of this Directive, 'machinery' means
an assembly of linked parts or components, at least one of which moves, with the appropriate actuators, control and power circuits, etc., joined together for a specific application, in particular for the processing, treatment, moving or packaging of a material.
The term 'machinery' also covers an assembly of machines which, in order to achieve the same end, are arranged and controlled so that they function as an integral whole.
3. The following are excluded from the scope of this Directive:
- mobile equipment,
- lifting equipment,
- machinery whose only power source is directly applied manual effort,
- machinery for medical use used in direct contact with patients,
- special equipment for use in fairgrounds and/or amusement parks,
- steam boilers, tanks and pressure vessels,
- machinery specially designed or put into service for nuclear purposes which, in the event of failure, may result in an emission of radioactivity,
- radioactive sources forming part of a machine,
- firearms,
- storage tanks and pipelines for petrol, diesel fuel, inflammable liquids and dangerous substances.
4. Where, for machinery, the risks referred to in this Directive are wholly or partly covered by specific Community Directives, this Directive shall not apply, or shall cease to apply, in the case of such machinery and of such risks on the entry into force of these specific Directives.
5. Where, for machinery, the risks are mainly of electrical origin, such machinery shall be covered exclusively by Council Directive 73/23/EEC of 19 February 1973 on the harmonization of the laws of the Member States relating to electrical equipment designed for use within certain voltage limits (6).
Article 2
1. Member States shall take all appropriate measures to ensure that machinery covered by this Directive may be placed on the market and put into service only if it does not endanger the health or safety of persons and, where appropriate, domestic animals or property, when properly installed and maintained and used for its intended purpose.
2. The provisions of this Directive shall not affect Member States' entitlement to lay down, in due observance of the Treaty, such requirements as they may deem necessary to ensure that persons and in particular workers are protected when using the machines in question, provided that this does not mean that the machinery is modified in a way not specified in the Directive.
3. At trade fairs, exhibitions, demonstrations, etc., Member States shall not prevent the showing of machinery which does not conform to the provisions of this Directive, provided that a visible sign clearly indicates that such machinery does not conform and that it is not for sale until it has been brought into conformity by the manufacturer or his authorized representative established in the Community. During demonstrations, adequate safety measures shall be taken to ensure the protection of persons.
Article 3
Machinery covered by this Directive shall satisfy the essential health and safety requirements set out in Annex I.
Article 4
1. Member States shall not prohibit, restrict or impede the placing on the market and putting into service in their territory of machinery which complies with the provisions of this Directive.
2. Member States shall not prohibit, restrict or impede the placing on the market of machinery where the manufacturer or his authorized representative established in the Community declares in accordance with Annex II.B that it is intended to be incorporated into machinery or assembled with other machinery to constitute machinery covered by this Directive except where it can function independently.
Article 5
1. Member States shall regard machinery bearing the EC mark and accompanied by the EC declaration of conformity referred to in Annex II as conforming to the essential health and safety requirements referred to in Article 3.
In the absence of harmonized standards, Member States shall take any steps they deem necessary to bring to the attention of the parties concerned the existing national technical standards and specifications which are regarded as important or relevant to the proper implementation of the essential safety and health requirements in Annex I.
2. Where a national standard transposing a harmonized standard, the reference for which has been published in the Official Journal of the European Communities, covers one or more of the essential safety requirements, machinery constructed in accordance with this standard shall be presumed to comply with the relevant essential requirements.
Member States shall publish the references of national standards transposing harmonized standards.
3. Member States shall ensure that appropriate measures are taken to enable the social partners to have an influence at national level on the process of preparing and monitoring the harmonized standards.
Article 6
1. Where a Member State or the Commission considers that the harmonized standards referred to in Article 5 (2) do not entirely satisfy the essential requirements referred to in Article 3, the Commission or the Member State concerned shall bring the matter before the Committee set up under Directive 83/189/EEC, giving the reasons therefor. The Committee shall deliver an opinion without delay.
Upon receipt of the Committee's opinion, the Commission shall inform the Member States whether or not it is necessary to withdraw those standards from the published information referred to in Article 5 (2).
2. A standing committee shall be set up, consisting of representatives appointed by the Member States and chaired by a representative of the Commission.
The standing committee shall draw up its own rules of procedure.
Any matter relating to the implementation and practical application of this Directive may be brought before the standing committee, in accordance with the following procedure:
The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft, within a time limit which the chairman may lay down according to the urgency of the matter, if necessary by taking a vote.
The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its position recorded in the minutes.
The Commission shall take the utmost account of the opinion delivered by the committee. It shall inform the committee of the manner in which its opinion has been taken into account.
Article 7
1. Where a Member State ascertains that machinery bearing the EC mark and used in accordance with its
intended purpose is liable to endanger the safety of persons, and, where appropriate, domestic animals or property, it shall take all appropriate measures to withdraw such machinery from the market, to prohibit the placing on the market, putting into service or use thereof, or to restrict free movement thereof.
The Member State shall immediately inform the Commission of any such measure, indicating the reasons for its decision and, in particular, whether non-conformity is due to:
(a) failure to satisfy the essential requirements referred to in Article 3;
(b) incorrect application of the standards referred to in Article 5 (2);
(c) shortcomings in the standards referred to in Article 5 (2) themselves.
2. The Commission shall enter into consultation with the parties concerned without delay. Where the Commission considers, after this consultation, that the measure is justified, it shall immediately so inform the Member State which took the initiative and the other Member States. Where the Commission considers, after this consultation, that the action is unjustified, it shall immediately so inform the Member State which took the initiative and the manufacturer or his authorized representative established within the Community. Where the decision referred to in paragraph 1 is based on a shortcoming in the standards, and where the Member State at the origin of the decision maintains its position, the Commission shall immediately inform the Committee in order to initiate the procedures referred to in Article 6 (1).
3. Where machinery which does not comply bears the EC mark, the competent Member State shall take appropriate action against whomsoever has affixed the mark and shall so inform the Commission and the other Member States.
4. The Commission shall ensure that the Member States are kept informed of the progress and outcome of this procedure.
CHAPTER II : CERTIFICATION PROCEDURE
Article 8
1. The manufacturer, or his authorized representative established in the Community, shall, in order to certify the conformity of machinery with the provisions of this Directive, draw up an EC declaration of conformity based on the model given in Annex II for each machine manufactured and shall affix to the machinery the EC mark referred to in Article 10.
2. Before placing on the market, the manufacturer, or his authorized representative established in the Community, shall:
(a) if the machinery is not referred to in Annex IV, draw up the file provided for in Annex V;
(b) if the machinery is referred to in Annex IV and its manufacturer does not comply, or only partly complies, with the standards referred to in Article 5 (2) or if there are no such standards, submit an example of the machinery for the EC type-examination referred to in Annex VI;
(c) if the machinery is referred to in Annex IV and is manufactured in accordance with the standards referred to in Article 5 (2):
- either draw up the file referred to in Annex VI and forward it to a notified body, which will acknowledge receipt of the file as soon as possible and keep it,
- submit the file referred to in Annex VI to the notified body, which will simply verify that the standards referred to in Article 5 (2) have been correctly applied and will draw up a certificate of adequacy for the file,
- or submit the example of the machinery for the EC type-exmination referred to in Annex VI.
3. Where the first indent of paragraph 2 (c) applies, the provisions of the first sentence of paragraph 5 and paragraph 7 of Annex VI shall also apply.
Where the second indent of 2 (c) applies, the provisions of paragraphs 5, 6 and 7 of Annex VI shall also apply.
4. Where paragraph 2 (a) and the first and second indents of paragraph 2 (c) apply, the EC declaration of conformity shall solely state conformity with the essential requirements of the Directive.
Where paragraph 2 (b) and (c) apply, the EC declaration of conformity shall state conformity with the example that underwent EC type-examination.
5. Where the machinery is subject to other Community Directives concerning other aspects, the EC mark referred to in Article 10 shall indicate in these cases that the machinery also fulfils the requirements of the other Directives.
6. Where neither the manufacturer nor his authorized representative established in the Community fulfils the obligations of the preceding paragraphs, these obligations shall fall to any person placing the machinery on the market in the Community. The same obligations shall apply to any person assembling machinery or parts thereof of various origins or constructing machinery for his own use.
Article 9
1. Each Member State shall notify the Commission and the other Member States of the approved bodies responsible for carrying out the certification procedures referred to in Article 8 (2) (b) and (c). The Commission shall publish a list of these bodies in the Official Journal of the European Communities for information and shall ensure that the list is kept up to date.
2. Member States shall apply the criteria laid down in Annex VII in assessing the bodies to be indicated in such notification. Bodies meeting the assessment criteria laid down in the relevant harmonized standards shall be presumed to fulfil those criteria.
3. A Member State which has approved a body must withdraw its notification if it finds that the body no longer meets the criteria referred to in Annex VII. It shall immediately inform the Commission and the other Member States accordingly.
CHAPTER III : EC MARK
Article 10
1. The 'EC' mark shall consist of the EC symbol followed by the last two digits of the year in which the mark was affixed.
Annex III shows the model to be used.
2. The EC mark shall be affixed to machinery distinctly and visibly in accordance with point 1.7.3 of Annex I.
3. Marks or inscriptions liable to be confused with the EC mark shall not be put on machinery.CHAPTER IV
FINAL PROVISIONS
Article 11
Any decision taken pursuant to this Directive which restricts the marketing and putting into service of machinery shall state the exact grounds on which it is based. Such a decision shall be notified as soon as possible to the party concerned, who shall at the same time be informed of the legal remedies available to him under the laws in force in the Member State concerned and of the time limits to which such remedies are subject.
Article 12
The Commission will take the necessary steps to have information on all the relevant decisions relating to the management of this Directive made available.
Article 13
1. Member States shall adopt and publish the laws, regulations and administrative provisions necessary in order to comply with this Directive by 1 January 1992 at the latest. They shall forthwith inform the Commission thereof.
They shall apply these provisions with effect from 31 December 1992.
2. Member States shall ensure that the texts of the provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.
Article 14
This Directive is addressed to the Member States.
Done at Luxembourg, 14 June 1989.
For the Council
The President
P. SOLBES
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