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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,
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:
(1) 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.
(2) 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.
(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.
(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.
(5) 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.
(6) 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.
(7) 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
).
9.6.2006L 157/24 Official Journal of the European Union
EN
(
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).
(
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).
Copyright European Union/Commission Legislative Documents
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