SWD(2018)0161

SWD(2018)0160

PURPOSE: to lay down the essential health and safety requirements of the design and manufacture of machinery placed on the internal market.

LEGISLATIVE ACT: Directive 2006/42/EC of the European Parliament and of the Council on machinery and amending Directive 95/16/EC (recast).

CONTENT: the Council approved Parliamentary amendments on the draft Directive on the technical harmonisation for machines, which amends Directive 95/16/EC. The Directive is deemed to have been adopted in the form of the common position, as amended by the European Parliament during its second reading.

The Directive’s objective is to update technical prescriptions of existing community legislation which governs the design and construction of machinery, interchangeable equipment, safety components, lifting accessories, removable mechanical transmission devices and partly completed machinery. The agreed text improves legal certainty by clarifying the Directive’s scope and meaning and by removing ambiguities that have led to diverging interpretations. For example, there will be clearer borderlines to other directives such as the Lifts and Low Voltage Directives. Market surveillance and surveillance of product certification bodies is made more efficient by improved co-ordination at EU-level and monitoring at national level. It covers anything from small consumer products such as handheld power tools, outboard engines to large professional products such as paper making machinery or tower cranes.

The agreed text defines only the essential health and safety requirements of general application, supplemented by a number of more specific requirements for certain categories of machinery.

ENTRY INTO FORCE: 29 June 2006

TRANSPOSITION: 29 June 2008. The Member States will have until 29 December 2009 to apply the Directive’s provisions.

Directive 2006/42
OJ L 157 09.06.2006, p. 0024-0086

03680/4/2005

The Commission accepts in full all of the nine amendments adopted by the European Parliament. They are the result of a compromise package agreed between the European Parliament and the Council. The conclusion of the compromise package has been facilitated by three declarations, which the Commission made during the December 2005 session. The Commission Declaration states:

- On CE marking: The Commission will clarify the conditions for affixing other markings, whether national, European or private, in relation to the CE marking.

- On tractors I: The Parliament, the Council and the Commission declare that, in order to cover all aspects related to the health and safety of agricultural and forestry tractors in one harmonising Directive, Directive 2003/37 on type-approval of agricultural and forestry tractors, their trailers and inter-changeable towed machinery, together with their systems, components and separate technical units needs to be modified so as to address all the relevant risks of the Machinery Directive. Such a modification should include an amendment of the Machinery Directive in order to delete the expression “for the risks”.

- On tractors II: The Commission recognises the need to include in the agricultural and forestry tractors directive further requirements for risks not yet covered by these Directives. To this end, the Commission is considering appropriate measures that include references to United Nations regulations, CEN and ISO standards and OECD codes.

COM(2006)0058
EUR-Lex

SP(2006)0053

Results of vote in Parliament

The European Parliament adopted a resolution drafted by Andreas SCHWAB (EPP-ED,) making some amendments to the common position:

- concerning agricultural and forestry tractors, the provisions of the Directive concerning the risks currently not covered by Directive 2003/37/EC should no longer apply when such risks are covered by Directive 2003/37/EC.

-a new recital states that Member States are responsible for ensuring that the Directive is effectively enforced on their territory and the safety of the machinery concerned is, as far as possible, improved in accordance with its provisions. The Member States should ensure their capacity to carry out effective market surveillance, taking account of guidelines developed by the Commission, in order to achieve the proper and uniform application of the Directive;

- electric motors should be listed among the products excluded from the scope of the directive in Art. 1(2).

-there is increased emphasis on the fact that business, professional and trade secrets shall be treated as confidential ;

- the reference to scrapping of machinery was deleted from Annex I on the grounds that this lies outside the control of manufacturers, who should therefore not be made responsible for it;

- during the assessment of the technology of the machinery, the team of auditors shall carry out a review of the technical files to ensure their compliance with the relevant health and safety requirements.

T6-0517/2005

Debate in Parliament

A6-0338/2005

A6-0338/2005

The committee adopted the report by Andreas SCHWAB (EPP-ED, ) amending the Council's common position under the 2nd reading of the codecision procedure:

- a new recital 19a called for the Commission to present by 2007 a proposal for a framework directive on uniform use of the CE marking in respect of all directives in force;

- electric motors should be listed among the products excluded from the scope of the directive in Art. 1(2). Moreover, to avoid pointless administrative formalities in the case of harmless products, the list should include a general category defined as follows: "machinery which, owing to its shape, size, function, or purpose, and to the energy stored within it or used by it, is harmless";

- the reference to scrapping of machinery was deleted from Annex I on the grounds that this lies outside the control of manufacturers, who should therefore not be made responsible for it;

- the requirement to declare uncertainties should be deleted in that it would represent a costly burden for manufacturers, especially SMEs. Moreover, the very meaning of 'uncertainties' is subject to ongoing scientific and academic debate and cannot easily be applied or interpreted;

- Member States which take measures against machinery on health and safety grounds should, "without delay, reinforce market surveillance with regard to machinery presenting the same risk by virtue of its technical characteristics".

PE364.847

The Commission is of the opinion that the Common Position, which was unanimously adopted, further clarifies certain issues and concepts whilst at the same time improving the formulation of certain provisions. At the same time, the Council’s stance neither alters the objectives, nor the general approach, of the initially proposed Directive. The Commission can therefore support the Common Position.

In other comments, the Commission notes that key amendments proposed by the European Parliament made during the fist reading of the Directive, such as introducing self-certification, have been incorporated into the Common Position. Moreover, many of the modifications introduced in the Common Position concern improvements in the layout of the text or constitute editorial improvements, which do not change the fundamental meaning or practical application of the Directive. The Commission notes that, the layout of Annex I on essential health and safety requirements is consistent with the layout of the current Directive. Thus, the essential health and safety requirements have been merged with the Chapters relating to lifting as well as the lifting of persons.

Three Declarations have been attached to the Common Position. They concern:

- Issues relating to the exclusion of agricultural and forestry tractors. The Council and Commission declare that, in order to cover all aspects of health and safety issues, components and separate technical units will need to be modified so as to address all the relevant risks of the Machinery Directive.

- Issues relating to the presumption of conformity and harmonised standards. The Commission declares that it will make every effort to provide information on standards published in the Official Journal, indicating the relationship between their clauses and essential health and safety requirements.

- Matters relating to CE marking. The Commission declares that it will clarify the conditions for the affixing of other markings in relation with the CE marking, whether national, European or private.

COM(2005)0403
EUR-Lex

An extensive redrafting of the Proposal has been done by the Council, largely concentrating on the use of terminology in order to make it more consistent throughout the proposed Directive. Lengthy debate and analysis at committee level has ensured that all foreseeable elements have now been incorporated into the proposed Directive. In this way, the Council is hoping to avoid revisiting the Directive in the near future.

The new elements incorporated into the Common Position are as follows:

Changes have been made to the scope of the Directive. Various items have explicitly been added, some of which were previously mentioned in the Annexes only. Certain categories of products have been added to the scope of the Directive. This refers mainly to various means of transport and machinery especially designed for research/laboratory purposes. An indicative list of safety components has been set up, which may be modified via a comitology procedure setting up a new Machinery Committee. The Annex on Health and Safety requirements has been extensively redrafted. A table, cross referencing the proposed Directive with Directive 98/37/EC, has been included in a bid to facilitate the Directive’s application – even when the content of the corresponding parts are not identical.

A number of changes have been made to the terminology of the text. Amendments, which have been included in full by the Council are:

References to Directive 92/59/EEC Restriction to the free circulation of goods. Including matters of transportation to the phases where hazards must be eliminated. Including the manufacturer’s representative name and address only when appropriate.

Amendments, which were partially included or were reworded by the Council relate inter alia, to:

Definitions of partly completed machinery and safety components, which have now been included. Matters relating to the conformity assessment procedure. Matters relating to the CE marking. On the obligation for national/Commission officials to respect professional confidentiality. Rewording the issue of fixed guards. Issues relating to language usage and instructions. Specifications on how information must be affixed on lifting accessories.

Amendments unacceptable to the Commission and therefore not included by the Council relate inter alia, to:

Improved environmental performance of machines. The non-application of the provisions of the Directive in certain circumstances. Equipment used in fairgrounds and amusement parks. Voluntary certification and marking schemes. High voltage devices. Safety improvements regarding old machinery. The codification of future legal acts. Harmonised standards for machinery Risk analysis and conformity assessment procedures Partly completed machinery. Market Surveillance The definition of a “lift”. The entry into force of the future Directive Obligations of the manufacturer during the handling and transport of machinery The stability of machinery. Seats in the machinery. Movement of exposed persons. Content in instruction manuals. Vibrations Defining a “slinging device”. Designing a lifting device. Designing controls and manual controls Construction site hoists. The availability of technical files. Series manufacture of identical machines Persons responsible for fulfilling conformity assessment The compilation of a database of machinery which contributes to a safe working environment.

Amendments unacceptable to the Council related, inter alia, to:

The exclusion of industrial sites and medical devices. The conformity of assessment procedure Risk analysis Professional secrecy Hazardous situations Measuring procedures Aspects of the definition relating to lifting devices. Static and dynamic tests Hold-to-run controls. Machinery load. Marking. The travel zone in industrial lifts. Co-ordination obligations.

To conclude, the Council accepts that the Common Position extensively modifies the text of the initial proposal. However, this re-writing is deemed essential in order to achieve three key objectives. Firstly, to ensure that the terminology is consistent throughout the entire Directive thus allowing for an easier application of its provisions. Secondly, to address the concerns of industrial stakeholders who are expected to apply the provisions and thirdly, to allow an easy transition from the Directive currently in force to the new Directive.

05786/2/2005
OJ C 251 11.10.2005, p. 0001-0067 E

An extensive redrafting of the Proposal has been done by the Council, largely concentrating on the use of terminology in order to make it more consistent throughout the proposed Directive. Lengthy debate and analysis at committee level has ensured that all foreseeable elements have now been incorporated into the proposed Directive. In this way, the Council is hoping to avoid revisiting the Directive in the near future.

The new elements incorporated into the Common Position are as follows:

Changes have been made to the scope of the Directive. Various items have explicitly been added, some of which were previously mentioned in the Annexes only. Certain categories of products have been added to the scope of the Directive. This refers mainly to various means of transport and machinery especially designed for research/laboratory purposes. An indicative list of safety components has been set up, which may be modified via a comitology procedure setting up a new Machinery Committee. The Annex on Health and Safety requirements has been extensively redrafted. A table, cross referencing the proposed Directive with Directive 98/37/EC, has been included in a bid to facilitate the Directive’s application – even when the content of the corresponding parts are not identical.

A number of changes have been made to the terminology of the text. Amendments, which have been included in full by the Council are:

References to Directive 92/59/EEC Restriction to the free circulation of goods. Including matters of transportation to the phases where hazards must be eliminated. Including the manufacturer’s representative name and address only when appropriate.

Amendments, which were partially included or were reworded by the Council relate inter alia, to:

Definitions of partly completed machinery and safety components, which have now been included. Matters relating to the conformity assessment procedure. Matters relating to the CE marking. On the obligation for national/Commission officials to respect professional confidentiality. Rewording the issue of fixed guards. Issues relating to language usage and instructions. Specifications on how information must be affixed on lifting accessories.

Amendments unacceptable to the Commission and therefore not included by the Council relate inter alia, to:

Improved environmental performance of machines. The non-application of the provisions of the Directive in certain circumstances. Equipment used in fairgrounds and amusement parks. Voluntary certification and marking schemes. High voltage devices. Safety improvements regarding old machinery. The codification of future legal acts. Harmonised standards for machinery Risk analysis and conformity assessment procedures Partly completed machinery. Market Surveillance The definition of a “lift”. The entry into force of the future Directive Obligations of the manufacturer during the handling and transport of machinery The stability of machinery. Seats in the machinery. Movement of exposed persons. Content in instruction manuals. Vibrations Defining a “slinging device”. Designing a lifting device. Designing controls and manual controls Construction site hoists. The availability of technical files. Series manufacture of identical machines Persons responsible for fulfilling conformity assessment The compilation of a database of machinery which contributes to a safe working environment.

Amendments unacceptable to the Council related, inter alia, to:

The exclusion of industrial sites and medical devices. The conformity of assessment procedure Risk analysis Professional secrecy Hazardous situations Measuring procedures Aspects of the definition relating to lifting devices. Static and dynamic tests Hold-to-run controls. Machinery load. Marking. The travel zone in industrial lifts. Co-ordination obligations.

To conclude, the Council accepts that the Common Position extensively modifies the text of the initial proposal. However, this re-writing is deemed essential in order to achieve three key objectives. Firstly, to ensure that the terminology is consistent throughout the entire Directive thus allowing for an easier application of its provisions. Secondly, to address the concerns of industrial stakeholders who are expected to apply the provisions and thirdly, to allow an easy transition from the Directive currently in force to the new Directive.

05786/2/2005

10855/2005

2547

COM(2003)0048
EUR-Lex

COM(2003)0048
EUR-Lex

T5-0362/2002
OJ C 271 12.11.2003, p. 0378-0491 E

T5-0362/2002

Debate in Parliament

A5-0216/2002

A5-0216/2002

CES1112/2001
OJ C 311 07.11.2001, p. 0001

EUR-Lex
OJ C 154 29.05.2001, p. 0164 E
COM(2000)0899

EUR-Lex
COM(2000)0899