L 157/24
`
`EN
`
`Official Journal of the European Union
`
`9.6.2006
`
`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)
`
`THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO-
`PEAN UNION,
`
`(4)
`
`In order to ensure legal certainty for users, the scope of
`this Directive and the concepts relating to its application
`should be defined as precisely as possible.
`
`Having regard to the Treaty establishing the European Com-
`munity, and in particular Article 95 thereof,
`
`Having regard to the proposal from the Commission (1),
`
`Having regard to the opinion of the European Economic and
`Social Committee (2),
`
`Acting in accordance with the procedure laid down in
`Article 251 of the Treaty (3),
`
`Whereas:
`
`Directive 98/37/EC of the European Parliament and of
`the Council of 22 June 1998 on the approximation of
`the laws of the Member States relating to machinery (4)
`codified Directive 89/392/EEC (5). Now that new
`substantial amendments are being made to Directive 98/
`37/EC,
`it is desirable,
`in order to clarify matters, that
`that Directive should be recast.
`
`The machinery sector is an important part of the engi-
`neering industry and is one of the industrial mainstays
`of the Community economy. The social cost of the large
`number of accidents caused directly by the use of
`machinery can be reduced by inherently safe design and
`construction of machinery and by proper installation
`and maintenance.
`
`(1)
`
`(2)
`
`(3)
`
`Member States are responsible for ensuring the health
`and safety on their territory of persons, in particular of
`workers and consumers and, where appropriate, of
`domestic animals and goods, notably in relation to the
`risks arising out of the use of machinery.
`
`(7)
`
`(5)
`
`(6)
`
`The Member States' mandatory provisions governing
`construction site hoists intended for lifting persons or
`persons and goods, which are often supplemented by de
`facto compulsory technical
`specifications and/or by
`voluntary standards, do not necessarily lead to different
`levels of health and safety but, because of their dispari-
`ties, do nevertheless constitute barriers to trade within
`the Community. Moreover, the national systems for the
`conformity
`assessment
`and
`certification of
`these
`machines diverge considerably. It is therefore desirable
`not to exclude from the scope of this Directive construc-
`tion site hoists intended for lifting persons or persons
`and goods.
`
`It is appropriate to exclude from the scope of this Direc-
`tive weapons,
`including firearms,
`that are subject
`to
`Council Directive 91/477/EEC of 18 June 1991 on
`control of the acquisition and possession of weapons (6);
`the exclusion of firearms should not apply to portable
`cartridge-operated fixing and other impact machinery
`designed for industrial or technical purposes only. It is
`necessary to provide
`for
`transitional
`arrangements
`enabling Member States to authorise the placing on the
`market and putting into service of such machinery
`manufactured in accordance with national provisions in
`force upon adoption of this Directive,
`including those
`implementing the Convention of 1 July 1969 on the
`Reciprocal Recognition of Proofmarks on Small Arms.
`Such transitional arrangements will also enable the Euro-
`pean standardisation organisations to draft standards
`ensuring the safety level based on the state of the art.
`
`This Directive does not apply to the lifting of persons by
`means of machines not designed for the lifting of
`persons. However,
`this does not affect
`the right of
`Member States to take national measures, in accordance
`with the Treaty, with respect to such machines, with a
`view to implementing Council Directive 89/655/EEC of
`30 November 1989 concerning the minimum safety and
`health requirements for the use of work equipment by
`workers at work (second individual Directive within the
`meaning of Article 16(1) of Directive 89/391/EEC) (7).
`
`(6) OJ L 256, 13.9.1991, p. 51.
`(7) OJ L 393, 30.12.1989, p. 13. Directive as last amended by Direc-
`tive 2001/45/EC of the European Parliament and of the Council (OJ
`L 195, 19.7.2001, p. 46).
`
`(1) OJ C 154 E, 29.5.2001, p. 164.
`(2) OJ C 311, 7.11.2001, p. 1.
`(3) Opinion of the European Parliament of 4 July 2002 (OJ C 271 E,
`12.11.2003, p. 491), Council Common Position of 18 July 2005
`(OJ C 251 E, 11.10.2005, p. 1) and Position of the European Parlia-
`ment of 15 December 2005 (not yet published in the Official
`Journal). Council Decision of 25 April 2006.
`(4) OJ L 207, 23.7.1998, p. 1. Directive as amended by Directive
`98/79/EC (OJ L 331, 7.12.1998, p. 1).
`(5) Council Directive 89/392/EEC of 14 June 1989 on the approxima-
`tion of the laws of the Member States relating to machinery (OJ
`L 183, 29.6.1989, p. 9).
`
`Weber EX1073
`Weber v. Provisur
`IPR2020-01557
`
`0001
`
`

`

`9.6.2006
`
`EN
`
`Official Journal of the European Union
`
`L 157/25
`
`(8)
`
`(9)
`
`In relation to agricultural and forestry tractors, the provi-
`sions of this Directive concerning the risks currently not
`covered by Directive 2003/37/EC of the European Parlia-
`ment and of the Council of 26 May 2003 on type-
`approval of agricultural or forestry tractors, their trailers
`and interchangeable towed machinery,
`together with
`their
`systems,
`components
`and separate
`technical
`units (1) should no longer apply when such risks are
`covered by Directive 2003/37/EC.
`
`economic operators, Member States should take all
`necessary measures for their implementation.
`
`(14)
`
`The essential health and safety requirements should be
`satisfied in order to ensure that machinery is safe; these
`requirements should be applied with discernment to take
`account of the state of the art at the time of construction
`and of technical and economic requirements.
`
`Market surveillance is an essential instrument inasmuch
`as it ensures the proper and uniform application of
`Directives. It is therefore appropriate to put in place the
`legal framework within which market surveillance can
`proceed harmoniously.
`
`(15) Where the machinery may be used by a consumer, that
`is to say, a non-professional operator, the manufacturer
`should take account of this in the design and construc-
`tion. The same applies where a machine is normally
`used to provide a service to a consumer.
`
`(10) Member States are responsible for ensuring that this
`Directive is effectively enforced on their territory and
`that the safety of the machinery concerned is, as far as
`possible,
`improved in accordance with its provisions.
`Member States should ensure their capacity to carry out
`effective market surveillance, taking account of guide-
`lines developed by the Commission, in order to achieve
`the proper and uniform application of this Directive.
`
`(11)
`
`(12)
`
`(13)
`
`In the context of market surveillance, a clear distinction
`should be established between the disputing of a harmo-
`nised standard conferring a presumption of conformity
`on machinery and the safeguard clause relating to
`machinery.
`
`The putting into service of machinery within the
`meaning of this Directive can relate only to the use of
`the machinery itself for its intended purpose or for a
`purpose which can reasonably be foreseen. This does
`not preclude the laying down of conditions of use
`external to the machinery, provided that it is not thereby
`modified in a way not specified in this Directive.
`
`an adequate
`for
`also necessary to provide
`is
`It
`mechanism allowing for
`the
`adoption of
`specific
`measures at Community level requiring Member States
`to prohibit or restrict
`the placing on the market of
`certain types of machinery presenting the same risks to
`the health and safety of persons either due to shortcom-
`ings in the relevant harmonised standard(s) or by virtue
`of
`their
`technical characteristics, or
`to make such
`machinery subject
`to special conditions.
`In order to
`ensure the appropriate assessment of the need for such
`measures,
`they should be taken by the Commission,
`assisted by a committee,
`in the light of consultations
`with the Member States and other interested parties.
`Since such measures are not directly applicable to
`
`this Directive do not
`(16) Although the requirements of
`apply to partly completed machinery in their entirety, it
`is nevertheless important
`that
`the free movement of
`such machinery be guaranteed by means of a specific
`procedure.
`
`(17)
`
`(18)
`
`(19)
`
`For trade fairs, exhibitions and such like, it should be
`possible to exhibit machinery which does not satisfy the
`requirements of
`this Directive. However,
`interested
`parties should be properly informed that the machinery
`does not conform and cannot be purchased in that
`condition.
`
`This Directive defines only the essential health and safety
`requirements of general application, supplemented by a
`number of more specific requirements for certain cate-
`gories of machinery. In order to help manufacturers to
`prove conformity to these essential requirements, and to
`allow inspection of conformity to the essential require-
`ments, it is desirable to have standards that are harmo-
`nised at Community level for the prevention of risks
`arising out of the design and construction of machinery.
`These standards are drawn up by private-law bodies and
`should retain their non-binding status.
`
`In view of the nature of the risks involved in the use of
`machinery covered by this Directive, procedures for
`assessing conformity to the essential health and safety
`requirements should be established. These procedures
`should be devised in the light of the extent of the danger
`inherent in such machinery. Consequently, each category
`of machinery should have its appropriate procedure in
`conformity with Council Decision 93/465/EEC of 22 July
`1993 concerning the modules for the various phases of
`the conformity assessment procedures and the rules for
`the affixing and use of
`the CE conformity marking,
`which are intended to be used in the technical harmoni-
`sation directives (2), taking account of the nature of the
`verification required for such machinery.
`
`(1) OJ L 171, 9.7.2003, p. 1. Directive as last amended by Commission
`Directive 2005/67/EC (OJ L 273, 19.10.2005, p. 17).
`
`(2) OJ L 220, 30.8.1993, p. 23.
`
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`

`L 157/26
`
`EN
`
`Official Journal of the European Union
`
`9.6.2006
`
`(20) Manufacturers should retain full responsibility for certi-
`fying the conformity of their machinery to the provi-
`sions of this Directive. Nevertheless, for certain types of
`machinery having a higher risk factor, a stricter certifica-
`tion procedure is desirable.
`
`(21)
`
`(22)
`
`(23)
`
`(24)
`
`The CE marking should be fully recognised as being the
`only marking which
`guarantees
`that machinery
`conforms to the requirements of this Directive. All other
`markings which are likely to mislead third parties as to
`the meaning or the form of the CE marking, or both,
`should be prohibited.
`
`In order to ensure the same quality for the CE marking
`and the manufacturer's mark, it is important that they be
`affixed according to the same techniques. In order to
`avoid confusion between any CE markings which might
`appear on certain components and the CE marking
`corresponding to the machinery, it is important that the
`latter marking be affixed alongside the name of
`the
`person who has taken responsibility for it, namely the
`manufacturer or his authorised representative.
`
`authorised representative
`The manufacturer or his
`should also ensure that a risk assessment is carried out
`for the machinery which he wishes to place on the
`market. For this purpose, he should determine which are
`the essential health and safety requirements applicable to
`his machinery and in respect of which he must take
`measures.
`
`It is essential that, before drawing up the EC declaration
`of conformity, the manufacturer or his authorised repre-
`sentative established in the Community should prepare a
`technical construction file. However,
`it is not essential
`that all documentation should be permanently available
`in material form, but it must be possible to make it
`available on request. It need not include detailed plans of
`subassemblies used for the manufacture of machinery,
`unless knowledge of such plans is essential in order to
`ascertain conformity with the essential health and safety
`requirements.
`
`(25)
`
`The addressees of any decision taken under this Directive
`should be informed of the reasons for such a decision
`and of the legal remedies open to them.
`
`(26) Member States should provide for penalties applicable to
`infringements of the provisions of this Directive. Those
`penalties
`should
`be
`effective,
`proportionate
`and dissuasive.
`
`with respect to those covered by Directive 95/16/EC of
`the European Parliament and of the Council of 29 June
`1995 on the approximation of the laws of the Member
`States relating to lifts (1). A redefinition of the scope of
`the latter Directive is thus deemed necessary. Direc-
`tive 95/16/EC should therefore be amended accordingly.
`
`to lay
`this Directive, namely,
`Since the objective of
`down the essential health and safety requirements in
`relation to design and manufacture in order to improve
`the safety of machinery placed on the market, cannot be
`sufficiently achieved by the Member States and can be
`better achieved at Community level,
`the Community
`may adopt measures, in accordance with the principle of
`subsidiarity as set out in Article 5 of the Treaty.
`In
`accordance with the principle of proportionality, as set
`out in that Article, this Directive does not go beyond
`what is necessary in order to achieve that objective.
`
`In accordance with point 34 of the Interinstitutional
`Agreement on better law-making (2), Member States are
`encouraged to draw up, for themselves and in the inter-
`ests of the Community, their own tables illustrating, as
`far as possible, the correlation between this Directive
`and the transposition measures, and to make them
`public.
`
`The measures necessary for the implementation of this
`Directive should be adopted in accordance with Council
`Decision 1999/468/EC of 28 June 1999 laying down
`the procedures for the exercise of implementing powers
`conferred on the Commission (3),
`
`(28)
`
`(29)
`
`(30)
`
`HAS ADOPTED THIS DIRECTIVE:
`
`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.
`
`(27)
`
`this Directive to a number of
`The application of
`machines intended for lifting persons requires a better
`delimitation of the products covered by this Directive
`
`(1) OJ L 213, 7.9.1995, p. 1. Directive as amended by Regulation (EC)
`No 1882/2003 (OJ L 284, 31.10.2003, p. 1).
`(2) OJ C 321, 31.12.2003, p. 1.
`(3) OJ L 184, 17.7.1999, p. 23.
`
`0003
`
`

`

`9.6.2006
`
`EN
`
`Official Journal of the European Union
`
`L 157/27
`
`The following are excluded from the scope of this Direc-
`
`2.
`tive:
`
`(a) safety components intended to be used as spare parts to
`replace identical components and supplied by the manufac-
`turer of the original machinery;
`
`(b) specific equipment for use in fairgrounds and/or amuse-
`ment 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;
`
`falling within the
`and electronic products
`(k) electrical
`following areas,
`insofar as they are covered by Council
`Directive 73/23/EEC of 19 February 1973 on the harmoni-
`sation of the laws of Member States relating to electrical
`equipment designed for use within certain voltage limits (3):
`
`— household appliances intended for domestic use,
`
`— audio and video equipment,
`
`— information technology equipment,
`
`— ordinary office machinery,
`
`— low-voltage switchgear and control gear,
`
`— electric motors;
`
`(e) the following means of transport:
`
`(l) the following types of high-voltage electrical equipment:
`
`— agricultural and forestry tractors for the risks covered
`by Directive 2003/37/EC, with the
`exclusion of
`machinery mounted on these vehicles,
`
`— 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
`exclusion of machinery
`trailers (1), with the
`their
`mounted on these vehicles,
`
`— vehicles covered by Directive 2002/24/EC of the Euro-
`pean Parliament and of the Council of 18 March 2002
`relating to the type-approval of
`two or three-wheel
`motor vehicles (2), with the exclusion of machinery
`mounted on these vehicles,
`
`— motor vehicles exclusively intended for competition,
`and
`
`transport by air, on water and on rail
`— means of
`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;
`
`(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).
`(2) 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).
`
`— switch gear and control gear,
`
`— transformers.
`
`Article 2
`
`Definitions
`
`‘machinery’ designates the
`For the purposes of this Directive,
`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;
`
`(3) OJ L 77, 26.3.1973, p. 29. Directive as amended by Directive 93/
`68/EEC (OJ L 220, 30.8.1993, p. 1).
`
`0004
`
`

`

`L 157/28
`
`EN
`
`Official Journal of the European Union
`
`9.6.2006
`
`(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,
`
`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 manufac-
`turer 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;
`
`legal
`(j) ‘authorised representative’ means any natural or
`person established in the Community who has received a
`written mandate from the manufacturer to perform on his
`behalf all or part of
`the obligations and formalities
`connected with this Directive;
`
`— the failure and/or malfunction of which endangers the
`safety of persons, and
`
`(k) ‘putting into service’ means the first use, for its intended
`purpose, in the Community, of machinery covered by this
`Directive;
`
`— 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.
`
`in
`An indicative list of safety components is set out
`Annex V, which may be updated in accordance with
`Article 8(1)(a);
`
`(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;
`
`ropes and
`ropes and webbing’ means chains,
`(e) ‘chains,
`webbing designed and constructed for lifting purposes as
`part of lifting machinery or lifting accessories;
`
`(f) ‘removable mechanical transmission device’ means a remo-
`vable 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
`
`(l) ‘harmonised standard’ means a non-binding technical speci-
`fication adopted by a standardisation body, namely the
`European Committee for Standardisation (CEN), the Euro-
`pean 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 stan-
`dards and regulations and of rules on Information Society
`services (1).
`
`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
`
`take all appropriate measures to
`1. Member States shall
`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 or property,
`when properly installed and maintained and used for
`its
`intended purpose or under conditions which can reasonably be
`foreseen.
`
`(1) OJ L 204, 21.7.1998, p. 37. Directive as last amended by the 2003
`Act of Accession.
`
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`

`

`9.6.2006
`
`EN
`
`Official Journal of the European Union
`
`L 157/29
`
`take all appropriate measures to
`2. Member States shall
`ensure that partly completed machinery can be placed on the
`market only if it satisfies the relevant provisions of this Direc-
`tive.
`
`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 para-
`graphs 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
`
`Before placing machinery on the market and/or putting it
`1.
`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
`part A is available;
`
`file referred to in Annex VII,
`
`in particular, the necessary information, such as
`(c) provide,
`instructions;
`
`(d) carry out the appropriate procedures for assessing confor-
`mity 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 accom-
`panies the machinery;
`
`(f) affix the CE marking in accordance with Article 16.
`
`a transitional period, the system to be applied, the CE marking
`shall indicate conformity only to the provisions of those Direc-
`tives applied by the manufacturer or his authorised representa-
`tive. Particulars of the Directives applied, as published in the
`Official Journal of the European Union, shall be given on the
`EC declaration of conformity.
`
`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 terri-
`tory 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.
`
`At trade fairs, exhibitions, demonstrations, and such like,
`3.
`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 demon-
`strations 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
`
`Before placing partly completed machinery on the
`2.
`market, the manufacturer or his authorised representative shall
`ensure that the procedure referred to in Article 13 has been
`completed.
`
`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.
`
`referred to in
`the procedures
`the purposes of
`For
`3.
`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.
`
`2. Machinery manufactured in conformity with a harmo-
`nised 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.
`
`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
`
`The Commission shall publish in the Official Journal of the
`3.
`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.
`
`0006
`
`

`

`L 157/30
`
`EN
`
`Official Journal of the European Union
`
`9.6.2006
`
`Article 8
`
`Specific measures
`
`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).
`
`The Commission, acting in accordance with the proce-
`1.
`dure referred to in Article 22(3), may take any appropriate
`measure to implement the provisions relating to the following
`points:
`
`the indicative list of safety components in
`(a) updating of
`Annex V referred to in point (c) in Article 2;
`
`the placing on the market of machinery
`(b) restriction of
`referred to in Article 9.
`
`The Commission, acting in accordance with the proce-
`2.
`dure referred to in Article 22(2), may take any appropriate
`measure connected with the implementation and 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).
`
`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 commit-
`tee'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 harmo-
`nised standard concerned in the Official Journal of the European
`Union.
`
`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 stand-
`ard 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 condi-
`tions.
`
`in accordance with the procedure referred to in
`When,
`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.
`
`the Commission to
`Any Member State may request
`2.
`examine the need for the adoption of the measures referred to
`in paragraph 1.
`
`Article 11
`
`Safeguard clause
`
`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 conditions which can reasonably be
`foreseen,
`is liable to compromise the health and 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 and/or putting into service of such machinery or to
`restrict free movement thereof.
`
`The Member State shall immediately inform the Commis-
`2.
`sion and the other Member States of any such measure, indi-
`cating 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);
`
`in the harmonised standards
`(c) shortcomings
`referred to in Article 7(2).
`
`themselves
`
`The Commission shall enter into consultation with the
`3.
`parties concerned without delay.
`
`In the cases referred to in paragraph 1, the Commission
`3.
`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.
`
`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.
`
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