{"change_dates":[],"dossier":{"amendments":[],"changes":{"2014-11-10T03:21:58":[{"data":[{"body":"EC","commission":[{"DG":[{"title":"Enterprise and Industry","url":"http://ec.europa.eu/enterprise/"}]}],"date":"2001-01-26T00:00:00","docs":[{"celexid":"CELEX:52000PC0899:EN","text":["
An extensive redrafting of the Proposal has\n been done by the Council, largely concentrating on the use of terminology in\n order to make it more consistent throughout the proposed Directive. Lengthy\n debate and analysis at committee level has ensured that all foreseeable\n elements have now been incorporated into the proposed Directive. In this way,\n the Council is hoping to avoid revisiting the Directive in the near future.
The new elements incorporated into the\n Common Position are as follows:
A number of changes have been made to the\n terminology of the text. Amendments, which have been included in full by the\n Council are:
Amendments, which were partially included\n or were reworded by the Council relate inter alia, to:
Amendments unacceptable to the Commission\n and therefore not included by the Council relate inter alia, to:
Amendments unacceptable to the Council\n related, inter alia, to:
To conclude, the Council accepts that the\n Common Position extensively modifies the text of the initial proposal.\n However, this re-writing is deemed essential in order to achieve three key\n objectives. Firstly, to ensure that the terminology is consistent throughout\n the entire Directive thus allowing for an easier application of its\n provisions. Secondly, to address the concerns of industrial stakeholders who\n are expected to apply the provisions and thirdly, to allow an easy transition\n from the Directive currently in force to the new Directive.
\nThe committee adopted the report by Andreas SCHWAB\n (EPP-ED, ) amending the Council's common position under the 2nd reading of\n the codecision procedure:
- a new recital 19a called for the Commission to present\n by 2007 a proposal for a framework directive on uniform use of the CE marking\n in respect of all directives in force;
- electric motors should be\n listed among the products excluded from the scope of the directive in Art.\n 1(2). Moreover, to avoid pointless administrative formalities in the case of\n harmless products, the list should include a general category defined as\n follows: \"machinery which, owing to its shape, size, function, or\n purpose, and to the energy stored within it or used by it, is harmless\";
- the reference to scrapping of machinery was deleted from\n Annex I on the grounds that this lies outside the control of manufacturers,\n who should therefore not be made responsible for it;
- the requirement to declare\n uncertainties should be deleted in that it would represent a costly burden\n for manufacturers, especially SMEs. Moreover, the very meaning of\n 'uncertainties' is subject to ongoing scientific and academic debate and\n cannot easily be applied or interpreted;
- Member States which take measures against machinery on\n health and safety grounds should, \"without delay, reinforce market\n surveillance with regard to machinery presenting the same risk by virtue of\n its technical characteristics\".
\n
The European\n Parliament adopted a resolution drafted by Andreas SCHWAB (EPP-ED,)\n making some amendments to the common position:
-concerning\n agricultural and forestry tractors, the provisions of the Directive\n concerning the risks currently not covered by Directive 2003/37/EC should no longer apply when such risks are covered\n by Directive 2003/37/EC.
-a new recital states that Member States are responsible for ensuring\n that the Directive is effectively enforced on their territory and the safety\n of the machinery concerned is, as far as possible, improved in accordance\n with its provisions. The Member States should ensure their capacity to carry\n out effective market surveillance, taking account of guidelines developed by\n the Commission, in order to achieve the proper and uniform application of the\n Directive;
-electric motors\n should be listed among the products excluded from the scope of the directive\n in Art. 1(2).
-there is\n increased emphasis on the fact that business, professional and trade secrets\n shall be treated as confidential;
-the reference to scrapping of\n machinery was deleted from Annex I on the grounds that this lies outside the\n control of manufacturers, who should therefore not be made responsible for\n it;
-during\n the assessment of the technology of\n the machinery, the team\n of auditors shall carry out a review of the technical files to ensure their\n compliance with the relevant health and safety requirements.
\nPURPOSE: to\n lay down the essential health and safety requirements of the design and\n manufacture of machinery placed on the internal market.
LEGISLATIVE\n ACT: Directive 2006/42/EC of the European Parliament and of the Council on\n machinery and amending Directive 95/16/EC (recast).
CONTENT: the\n Council approved Parliamentary amendments on the draft Directive on the\n technical harmonisation for machines, which amends Directive 95/16/EC. The\n Directive is deemed to have been adopted in the form of the common position,\n as amended by the European Parliament during its second reading.
The\n Directive’s objective is to update technical prescriptions of existing\n community legislation which governs the design and construction of machinery,\n interchangeable equipment, safety components, lifting accessories, removable\n mechanical transmission devices and partly completed machinery. The agreed\n text improves legal certainty by clarifying the Directive’s scope and meaning\n and by removing ambiguities that have led to diverging interpretations. For\n example, there will be clearer borderlines to other directives such as the\n Lifts and Low Voltage Directives. Market surveillance and surveillance of product\n certification bodies is made more efficient by improved co-ordination at\n EU-level and monitoring at national level. It covers anything from small\n consumer products such as handheld power tools, outboard engines to large\n professional products such as paper making machinery or tower cranes.
The agreed\n text defines only the essential health and safety requirements of general\n application, supplemented by a number of more specific requirements for\n certain categories of machinery.
ENTRY INTO\n FORCE: 29 June 2006
TRANSPOSITION:\n 29 June 2008. The Member States will have until 29 December 2009 to apply the\n Directive’s provisions.
\nAn extensive redrafting of the Proposal has\n been done by the Council, largely concentrating on the use of terminology in\n order to make it more consistent throughout the proposed Directive. Lengthy\n debate and analysis at committee level has ensured that all foreseeable\n elements have now been incorporated into the proposed Directive. In this way,\n the Council is hoping to avoid revisiting the Directive in the near future.
The new elements incorporated into the\n Common Position are as follows:
A number of changes have been made to the\n terminology of the text. Amendments, which have been included in full by the\n Council are:
Amendments, which were partially included\n or were reworded by the Council relate inter alia, to:
Amendments unacceptable to the Commission\n and therefore not included by the Council relate inter alia, to:
Amendments unacceptable to the Council\n related, inter alia, to:
To conclude, the Council accepts that the\n Common Position extensively modifies the text of the initial proposal.\n However, this re-writing is deemed essential in order to achieve three key\n objectives. Firstly, to ensure that the terminology is consistent throughout\n the entire Directive thus allowing for an easier application of its\n provisions. Secondly, to address the concerns of industrial stakeholders who\n are expected to apply the provisions and thirdly, to allow an easy transition\n from the Directive currently in force to the new Directive.
\nThe committee adopted the report by Andreas SCHWAB\n (EPP-ED, ) amending the Council's common position under the 2nd reading of\n the codecision procedure:
- a new recital 19a called for the Commission to present\n by 2007 a proposal for a framework directive on uniform use of the CE marking\n in respect of all directives in force;
- electric motors should be\n listed among the products excluded from the scope of the directive in Art.\n 1(2). Moreover, to avoid pointless administrative formalities in the case of\n harmless products, the list should include a general category defined as\n follows: \"machinery which, owing to its shape, size, function, or\n purpose, and to the energy stored within it or used by it, is harmless\";
- the reference to scrapping of machinery was deleted from\n Annex I on the grounds that this lies outside the control of manufacturers,\n who should therefore not be made responsible for it;
- the requirement to declare\n uncertainties should be deleted in that it would represent a costly burden\n for manufacturers, especially SMEs. Moreover, the very meaning of\n 'uncertainties' is subject to ongoing scientific and academic debate and\n cannot easily be applied or interpreted;
- Member States which take measures against machinery on\n health and safety grounds should, \"without delay, reinforce market\n surveillance with regard to machinery presenting the same risk by virtue of\n its technical characteristics\".
\n
The European\n Parliament adopted a resolution drafted by Andreas SCHWAB (EPP-ED,)\n making some amendments to the common position:
-concerning\n agricultural and forestry tractors, the provisions of the Directive\n concerning the risks currently not covered by Directive 2003/37/EC should no longer apply when such risks are covered\n by Directive 2003/37/EC.
-a new recital states that Member States are responsible for ensuring\n that the Directive is effectively enforced on their territory and the safety\n of the machinery concerned is, as far as possible, improved in accordance\n with its provisions. The Member States should ensure their capacity to carry\n out effective market surveillance, taking account of guidelines developed by\n the Commission, in order to achieve the proper and uniform application of the\n Directive;
-electric motors\n should be listed among the products excluded from the scope of the directive\n in Art. 1(2).
-there is\n increased emphasis on the fact that business, professional and trade secrets\n shall be treated as confidential;
-the reference to scrapping of\n machinery was deleted from Annex I on the grounds that this lies outside the\n control of manufacturers, who should therefore not be made responsible for\n it;
-during\n the assessment of the technology of\n the machinery, the team\n of auditors shall carry out a review of the technical files to ensure their\n compliance with the relevant health and safety requirements.
\nPURPOSE: to\n lay down the essential health and safety requirements of the design and\n manufacture of machinery placed on the internal market.
LEGISLATIVE\n ACT: Directive 2006/42/EC of the European Parliament and of the Council on\n machinery and amending Directive 95/16/EC (recast).
CONTENT: the\n Council approved Parliamentary amendments on the draft Directive on the\n technical harmonisation for machines, which amends Directive 95/16/EC. The\n Directive is deemed to have been adopted in the form of the common position,\n as amended by the European Parliament during its second reading.
The\n Directive’s objective is to update technical prescriptions of existing\n community legislation which governs the design and construction of machinery,\n interchangeable equipment, safety components, lifting accessories, removable\n mechanical transmission devices and partly completed machinery. The agreed\n text improves legal certainty by clarifying the Directive’s scope and meaning\n and by removing ambiguities that have led to diverging interpretations. For\n example, there will be clearer borderlines to other directives such as the\n Lifts and Low Voltage Directives. Market surveillance and surveillance of product\n certification bodies is made more efficient by improved co-ordination at\n EU-level and monitoring at national level. It covers anything from small\n consumer products such as handheld power tools, outboard engines to large\n professional products such as paper making machinery or tower cranes.
The agreed\n text defines only the essential health and safety requirements of general\n application, supplemented by a number of more specific requirements for\n certain categories of machinery.
ENTRY INTO\n FORCE: 29 June 2006
TRANSPOSITION:\n 29 June 2008. The Member States will have until 29 December 2009 to apply the\n Directive’s provisions.
\n