Introductory text

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to 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^f1, and in particular Article 6(1) thereof,

Having regard to the opinion of the standing committee set up by Article 5 of 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 standards and regulations and of rules on Information Society Services^f2,

Whereas:

Where a national standard transposing a harmonised standard, the reference of which has been published in the Official Journal of the European Union, covers one or more essential health and safety requirements set out in Annex I to Directive 98/37/EC, the machine built in accordance with this standard is presumed to meet the essential requirements concerned.

The reference of standard EN 848-3:1999 concerning the safety of woodworking machines, adopted by the European Committee for Standardisation (CEN) on 1 July 1999, has been published in the Official Journal of the European Union ^f3.

Following a formal objection lodged by Sweden, the Commission decided by Decision 2002/1002/EC^f4 not to withdraw the reference of standard EN 848-3:1999 from the Official Journal of the European Union. Consequently, standard EN 848-3:1999 continued to confer a presumption of conformity to the essential safety requirements set out in Directive 98/37/EC.

In relation to the formal objection lodged by Sweden, the Commission mandated the European Standardisation Organisation (CEN) to amend standard EN 848-3:1999 by 1 January 2005, in order to give special attention to the risk of ejection of pieces and to the installation of protective features providing enhanced protection.

Pursuant to Article 6(1) of Directive 98/37/EC, on 28 July 2005, Germany lodged a formal objection in respect of standard EN 848-3:1999.

Having examined standard EN 848-3:1999, the Commission has established that it fails to meet essential health and safety requirements 1.1.2(a) (Principles of safety integration), 1.3.2 (Risk of break-up during operation), 1.3.3 (Risks due to falling or ejected objects) and 1.4.1 (General requirements for guards and protection devices) of Annex I to Directive 98/37/EC. The specifications of EN 848-3:1999 in clause 5.2.7.1.2 (b), paragraphs 1 to 6, concerning the characteristics of and the choice of materials for curtain guards, especially strip curtains, are not adequate to prevent the foreseeable ejection of parts of tools.

CEN has not yet amended standard EN 848-3:1999, as requested in the standardisation mandate No 311 awarded to it as regards Directive 98/37/EC.

Pending the amendment of standard EN 848-3:1999, in the interest of safety and legal certainty, the publication in the Official Journal of the European Union of the reference of standard EN 848-3:1999 should therefore be accompanied by an appropriate warning. Member States should add an identical warning in their national standards transposing standard EN 848-3:1999.

The reference of standard EN 848-3:1999 should therefore be replaced accordingly,

HAS ADOPTED THIS DECISION: