Directive 1993/44 - Amendment of Directive 89/392/EEC on the approximation of the laws of the Member States relating to machinery

official title

 

Legal instrument	Directive
Number legal act	Directive 1993/44
Original proposal	COM(1991)547
CELEX number1	31993L0044

Avis juridique important

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Council Directive 93/44/EEC of 14 June 1993 amending Directive 89/392/EEC on the approximation of the laws of the Member States relating to machinery

Official Journal L 175 , 19/07/1993 P. 0012 - 0020

Finnish special edition: Chapter 13 Volume 24 P. 0136

Swedish special edition: Chapter 13 Volume 24 P. 0136

COUNCIL DIRECTIVE 93/44/EEC of 14 June 1993 amending Directive 89/392/EEC on the approximation of the laws of the Member States relating to machinery

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof,

Having regard to the proposal from the Commission (1),

In cooperation with the European Parliament (2),

Having regard to the opinion of the Economic and Social Committee (3),

Whereas lifting persons entails specific hazards for the persons lifted; whereas those hazards are not covered by the essential health and safety requirements laid down by Council Directive 89/392/EEC of 14 June 1989 on the approximation of the laws of the Member States relating to machinery (4);

Whereas, for the type of machinery in question, there is no reason to provide for different conformity assessment modules from those initially provided for in Directive 89/392/EEC for machinery in general;

Whereas additional essential health and safety requirements to cover the risks run by lifted persons can be laid down by means of an amendment to Directive 89/392/EEC; whereas this amendment can be used to advantage to correct certain imperfections in the said Directive;

Whereas it is also necessary to deal with safety components which are placed on the market separately and the safety function of which is declared by the manufacturer or his authorized representative established in the Community;

Whereas the dates of implementation laid down in this Directive shall not alter the dates of implementation of Directive 89/392/EEC and Directive 91/368/EEC, which amended it,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Directive 89/392/EEC is hereby amended as follows:

• 1. 

  Article 1 shall be amended as follows:

(a) the following subparagraph shall be added to paragraph 1:

'It shall also apply to safety components placed on the market separately.';

(b) the following subparagraph shall be added to paragraph 2:

'For the purposes of this Directive, safety components means a component, provided that it is not interchangeable equipment, which the manufacturer or his authorized representative established in the Community places on the market to fulfil a safety function when in use and the failure or malfunctioning of which endangers the safety or health of exposed persons.';

(c) paragraph 3 shall be amended as follows:

(i) the following indent shall be deleted:

'- lifting equipment designed and constructed for raising and/or moving persons with or without loads, except for industrial trucks with elevating operation position,';

(ii) the following indent:

'- cableways for the public or private transposition of persons,'

shall be replaced by:

'- cableways, including funicular railways, for the public or private transportation of persons,';

(iii) the following indents shall be added:

'- lifts which permanently serve specific levels of buildings and constructions, having a car moving between guides which are rigid and inclined at a angle of more than 15 degrees to the horizontal and designed for the transport of:

• - 

  persons,

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  persons and goods,

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  goods alone if the car is accessible, that is to say, a person may enter it without difficulty, and fitted with controls situated inside the car or within reach of a person inside,

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  means of transport of persons using rack and pinion rail mounted vehicles,

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  mine winding gear,

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  theatre elevators,

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  construction site hoists intended for...

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