Regulation (EU) 2023/1230 of the European Parliament and of the Council of 14 June 2023 on machinery and repealing Directive 2006/42/EC of the European Parliament and of the Council and Council Directive 73/361/EEC (Text with EEA relevance)

Any control that locks the differential shall be so designed and arranged that it allows the differential to be unlocked when the machinery is moving.

The sixth paragraph of section 1.2.2, concerning acoustic and/or visual warning signals, applies only in the case of reversing.

3.3.2.   Starting/moving

All travel movements of self-propelled machinery with a ride-on driver shall be possible only if the driver is at the controls.

Where, for operating purposes, machinery is fitted with devices which exceed its normal clearance zone (e.g. stabilisers, jib, etc.), the driver shall be provided with the means of checking easily, before moving the machinery, that such devices are in a particular position which allows safe movement.

This also applies to all other parts which; to allow safe movement, have to be in particular positions, locked if necessary.

Where it does not give rise to other risks, movement of the machinery shall depend on safe positioning of the aforementioned parts.

It shall not be possible for unintentional movement of the machinery to occur while the engine is being started.

The movement of autonomous mobile machinery shall take into account the risks related to the area where it is intended to move and work.

3.3.3.   Travelling function

Without prejudice to road traffic regulations, self-propelled machinery and its trailers shall meet the requirements for slowing down, stopping, braking and immobilisation so as to ensure safety under all the operating, load, speed, ground and gradient conditions allowed for.

The driver shall be able to slow down and stop self-propelled machinery by means of a main device. Where safety so requires, in the event of a failure of the main device, or in the absence of the energy supply needed to actuate the main device, an emergency device with a fully independent and easily accessible control device shall be provided for slowing down and stopping.

Where safety so requires, a parking device shall be provided to render stationary machinery immobile. This device may be combined with one of the devices referred to in the second paragraph, if it is purely mechanical.

Remote-controlled machinery shall be equipped with devices for stopping operation automatically and immediately and for preventing potentially dangerous operation in the following situations:

• (a) if the driver loses control;

• (b) if it receives a stop signal;

• (c) if a fault is detected in a safety-related part of the system;

• (d) if no validation signal is detected within a specified time.

Section 1.2.4 does not apply to the travelling function.

Autonomous mobile machinery or related products shall comply, with one or both where necessary according to the risk assessment, of the following conditions:

• (i) it shall move and operate in an enclosed zone fitted with a peripheral protection system comprising guards or protective devices;

• (ii) it shall be equipped with devices intended to detect any human, domestic animal or any other obstacle in its vicinity, where those obstacles could give rise to a risk to the health and safety of persons or domestic animals or to the safe operation of the machinery or related product.

The movements of mobile machinery or a related product connected with one or more trailers or towed equipment, including autonomous mobile machinery or a related product connected with one or more trailers or towed equipment, shall not give rise to risks for persons, domestic animals or to any other obstacle in the danger zone of such machinery or related product and trailers or towed equipment.

3.3.4.   Movement of pedestrian-controlled machinery

Movement of pedestrian-controlled self-propelled machinery shall be possible only through sustained action on the relevant control device by the driver. In particular, it shall not be possible for movement to occur while the engine is being started. The control systems for pedestrian-controlled machinery shall be designed in such a way as to minimise the risks arising from inadvertent movement of the machinery towards the driver, in particular:

• (a) crushing;

• (b) injury from rotating tools.

The speed of travel of the machinery shall be compatible with the pace of a driver on foot.

In the case of machinery on which a rotary tool may be fitted, it shall not be possible to actuate the tool when the reverse control is engaged, except where the movement of the machinery results from movement of the tool. In the latter case, the reversing speed shall be such that it does not endanger the driver.

3.3.5.   Control circuit failure

A failure in the power supply to the power-assisted steering, where fitted, shall not prevent machinery from being steered during the time required to stop it.

For autonomous mobile machinery, a failure in the steering system shall not have an impact on the safety of the machinery.

3.4.   Protection against mechanical risks

3.4.1.   Uncontrolled movements

Machinery or related products shall be designed, constructed, and where appropriate placed on a mobile support, in such a way as to ensure that, when moved, uncontrolled oscillations of its centre of gravity do not affect its stability or exert excessive strain on its structure.

3.4.2.   Moving transmission parts

By way of exception to section 1.3.8.1, in the case of engines, moveable guards preventing access to the moving parts in the engine compartment do not need to have interlocking devices if they have to be opened either by the use of a tool or key or by a control located in the driving position, providing the latter is in a fully enclosed cab with a lock to prevent unauthorised access.

3.4.3.   Roll-over and tip-over

Where, in the case of self-propelled machinery with a ride-on driver, operator(s) or other person(s), there is a risk of rolling or tipping over, the machinery shall be fitted with an appropriate protective structure, unless this increases the risk.

This structure shall be such that in the event of rolling or tipping over it affords the ride-on person(s) an adequate deflection-limiting volume.

In order to verify that the structure complies with the requirement laid down in the second paragraph, the manufacturer shall, for each type of structure concerned, perform appropriate tests or have such tests performed.

3.4.4.   Falling objects

Where, in the case of self-propelled machinery with a ride-on driver, operator(s) or other person(s), there is a risk due to falling objects or material, the machinery shall be designed and constructed in such a way as to take account of this risk and fitted, if its size allows, with an appropriate protective structure.

This structure shall be such that, in the event of falling objects or material, it guarantees the ride-on person(s) an adequate deflection-limiting volume.

In order to verify that the structure complies with the requirement laid down in the second paragraph, the manufacturer shall, for each type of structure concerned, perform appropriate tests or have such tests performed.

3.4.5.   Means of access

Handholds and steps shall be designed, constructed and arranged in such a way that the operators use them instinctively and do not use the control devices to assist access.

3.4.6.   Towing devices

All machinery used to tow or to be towed shall be fitted with towing or coupling devices designed, constructed and arranged in such a way as to ensure easy and secure connection and disconnection and to prevent accidental disconnection during use.

Insofar as the tow bar load so requires, such machinery shall be equipped with a support with a bearing surface suited to the load and the ground.

3.4.7.   Transmission of power between self-propelled machinery (or a tractor) and recipient machinery

Removable mechanical transmission devices linking self-propelled machinery (or a tractor) to the first fixed bearing of recipient machinery shall be designed and constructed in such a way that any part that moves during operation is protected over its whole length.

On the side of the self-propelled machinery (or the tractor), the power take-off to which the removable mechanical transmission device is attached shall be protected either by a guard fixed and linked to the self-propelled machinery (or the tractor) or by any other device offering equivalent protection.

It shall be possible to open this guard for access to the removable transmission device. Once it is in place, there shall be enough room to prevent the drive shaft damaging the guard when the machinery (or the tractor) is moving.

On the recipient machinery side, the input shaft shall be enclosed in a protective casing fixed to the machinery.

Torque limiters or freewheels may be fitted to universal joint transmissions only on the side adjoining the driven machinery. The removable mechanical transmission device shall be marked accordingly.

All recipient machinery the operation of which requires a removable mechanical transmission device to connect it to self-propelled machinery (or a tractor) shall have a system for attaching the removable mechanical transmission device so that, when the machinery is uncoupled, the removable mechanical transmission device and its guard are not damaged by contact with the ground or part of the machinery.

The outside parts of the guard shall be so designed, constructed and arranged that they cannot turn with the removable mechanical transmission device. The guard shall cover the transmission to the ends of the inner jaws in the case of simple universal joints and at least to the centre of the outer joint or joints in the case of wide-angle universal joints.

If means of access to working positions are provided near to the removable mechanical transmission device, they shall be designed and constructed in such a way that the shaft guards cannot be used as steps, unless designed and constructed for that purpose.

3.5.   Protection against other risks

3.5.1.   Batteries

The battery housing shall be designed and constructed in such a way as to prevent the electrolyte being ejected on to the operator in the event of rollover or tip over and to avoid the accumulation of vapours in places occupied by operators.

Machinery or related products shall be designed and constructed in such a way that the battery can be disconnected with the aid of an easily accessible device provided for that purpose.

The batteries with automatic charging for mobile machinery or related products, including autonomous mobile machinery or related products, shall be designed to prevent hazards referred to in sections 1.3.8.2 and 1.5.1, including the risks of contact or collision of the machinery or related product with a person or other machinery or related products when the machinery or related product moves autonomously to the charging station.

3.5.2.   Fire

Depending on the hazards anticipated by the manufacturer, machinery shall, where its size permits:

• (a) either allow easily accessible fire extinguishers to be fitted; or

• (b) be provided with built-in extinguisher systems.

3.5.3.   Emissions of hazardous substances

The second and third paragraphs of section 1.5.13 do not apply where the main function of the machinery is the application of hazardous substances. However, the operator shall be protected against the risk of exposure to such hazardous emissions.

Ride-on mobile machinery having application of hazardous substances as the main function shall be equipped with filtration cabs or equivalent safety measures.

3.5.4.   Risk of contact with live overhead power lines

Depending on their height, mobile machinery or related products shall, where relevant, be designed, constructed and equipped, so as to prevent the risk of contact with an energised overhead power line or the risk of creating an electric arc between any part of the machinery or an operator driving the machinery and an energised overhead power line.

When the risk to the persons operating machinery incurred by the contact with an energised overhead power line cannot be fully avoided, mobile machinery or related products shall be designed, constructed and equipped so as to prevent any electrical hazards.

3.6.   Information and indications

3.6.1.   Signs, signals and warnings

All machinery or related products shall have signs and/or instruction plates concerning use, adjustment and maintenance, wherever necessary, so as to ensure the health and safety of persons. They shall be chosen, designed and constructed in such a way as to be clearly visible and indelible.

Without prejudice to the provisions of road traffic regulations, machinery or related products with a ride-on driver shall have the following equipment:

• (a) an acoustic warning device to alert persons;

• (b) a system of light signals relevant to the intended conditions of use; the latter requirement does not apply to machinery or related products intended solely for underground working and having no electrical power;

• (c) where necessary, there shall be an appropriate connection between a trailer and the machinery or a related product for the operation of signals.

Remote-controlled machinery or related products which, under normal conditions of use, exposes persons to the risk of impact or crushing shall be fitted with appropriate means to signal its movements or with means to protect persons against such risks. The same shall apply to machinery or related products, which involves, when in use, the constant repetition of a forward and backward movement on a single axis where the area to the rear of the machinery is not directly visible to the driver.

Machinery or related products shall be constructed in such a way that the warning and signalling devices cannot be disabled unintentionally. Where it is essential for safety, such devices shall be provided with the means to check that they are in good working order and their failure shall be made apparent to the operator.

Where the movement of machinery or its tools is particularly hazardous, signs on the machinery shall be provided to warn against approaching the machinery while it is working; the signs shall be legible at a sufficient distance to ensure the safety of persons who have to be in the vicinity.

3.6.2.   Marking

• (1)The following shall be shown legibly and indelibly on all machinery or related products:

• (a) nominal power expressed in kilowatts (kW);

• (b) mass of the most usual configuration, in kilograms (kg).

• (2)In addition, where appropriate, the following shall be shown legibly and indelibly on all machinery or related products:

• (a) maximum drawbar pull provided for at the coupling hook, in Newtons (N);

• (b) maximum vertical load provided for on the coupling hook, in Newtons (N).

3.6.3.   Instructions for use

3.6.3.1.   Vibrations

The instructions for use shall give the following information concerning vibrations, expressed as acceleration (m/s²), transmitted by the machinery or related products to the hand-arm system or to the whole body:

• (a) the vibration total value from continuous vibrations to which the hand-arm system is subjected;

• (b) the mean value of the peak amplitude of the acceleration from repeated shock vibrations, to which the hand-arm system is subjected;

• (c) the highest root mean square value of weighted acceleration to which the whole body is subjected, if it exceeds 0,5 m/s²; where this value does not exceed 0,5 m/s², this shall be mentioned;

• (d) the uncertainty of measurements.

These values shall be either those actually measured for the machinery or related product in question or those established on the basis of measurements taken in respect of technically comparable machinery or related products which are representative of the machinery or related products to be produced.

Where harmonised standards or common specifications adopted by the Commission in accordance with Article 20(3) cannot be applied, the vibration shall be measured using the most appropriate measurement code for the machinery or related products concerned.

The operating conditions during measurement and the measurement codes used shall be described.

3.6.3.2.   Multiple uses

The instructions for use for machinery or a related product allowing several uses depending on the equipment used and the instructions for use for the interchangeable equipment shall contain the information necessary for safe assembly and use of the basic machinery or related product and the interchangeable equipment that can be fitted.

3.6.3.3.   Autonomous mobile machinery or related products

The instructions for use of autonomous mobile machinery or related products shall specify the characteristics of its intended travel, working areas and danger zones.

4. SUPPLEMENTARY ESSENTIAL HEALTH AND SAFETY REQUIREMENTS TO OFFSET RISKS DUE TO LIFTING OPERATIONS

Machinery or related products presenting risks due to lifting operations shall meet all the relevant essential health and safety requirements set out in this chapter (see General Principles, point 4).

4.1.   General

• 4.1.1. For the purposes of section 4.1., the following definitions apply:

• (a) ‘Lifting operation’ means a movement of unit loads consisting of goods and/or persons necessitating, at a given moment, a change of level;

• (b) ‘Guided load’ means a load where the total movement is made along rigid or flexible guides whose position is determined by fixed points;

• (c) ‘Working coefficient’ means the arithmetic ratio between the load guaranteed by the manufacturer up to which a component is able to hold it and the maximum working load marked on the component;

• (d) ‘Test coefficient’ means the arithmetic ratio between the load used to carry out the static or dynamic tests on the machinery or related product or lifting accessory and the maximum working load marked on the machinery or related product or lifting accessory;

• (e) ‘Static test’ means the test during which the machinery or related product or lifting accessory is first inspected and subjected to a force corresponding to the maximum working load multiplied by the appropriate static test coefficient and then re-inspected once the said load has been released to ensure that no damage has occurred;

• (f) ‘Dynamic test’ means the test during which the machinery or related product is operated in all its possible configurations at the maximum working load multiplied by the appropriate dynamic test coefficient with account being taken of the dynamic behaviour of the lifting machinery in order to check that it functions properly;

• (g) ‘Carrier’ means a part of the machinery or related product on or in which persons and/or goods are supported in order to be lifted.

• 4.1.2. Protection against mechanical risks

4.1.2.1.   Risks due to lack of stability

Machinery or related products shall be designed and constructed in such a way that the stability required by section 1.3.1 is maintained both in service and out of service, including all stages of transportation, assembly and dismantling, during foreseeable component failures and also during the tests carried out in accordance with the instructions for use. To that end, the manufacturer shall use the appropriate verification methods.

4.1.2.2.   Machinery or related products running on guide rails and rail tracks

Machinery or related products shall be provided with devices, which act on the guide rails or tracks to prevent derailment.

If, despite such devices, there remains a risk of derailment or of failure of a rail or of a running component, devices shall be provided which prevent the equipment, component or load from falling or the machinery from overturning.

4.1.2.3.   Mechanical strength

Machinery or related products, including lifting accessories and their components, shall be capable of withstanding the stresses to which they are subjected during their lifetime, both in and, where applicable, out of use, under the installation and operating conditions provided for and in all relevant configurations, with due regard, where appropriate, to the effects of atmospheric factors and forces exerted by persons. This requirement shall also be satisfied during transport, assembly and dismantling.

Machinery or related products, including lifting accessories, shall be designed and constructed in such a way as to prevent failure from fatigue and wear, taking due account of their intended use and any reasonably foreseeable misuse.

The materials used shall be chosen on the basis of the intended working environments, with particular regard to corrosion, abrasion, impacts, extreme temperatures, fatigue, brittleness, radiation and ageing.

Machinery or related products, including lifting accessories, shall be designed and constructed in such a way as to withstand the overload in the static tests without permanent deformation or patent defect. Strength calculations shall take account of the value of the static test coefficient chosen to guarantee an adequate level of safety. That coefficient has, as a general rule, the following values:

• (a) manually-operated machinery or related products, including lifting accessories: 1,5;

• (b) other machinery or related products: 1,25.

Machinery or related products shall be designed and constructed in such a way as to undergo, without failure, the dynamic tests carried out using the maximum working load multiplied by the dynamic test coefficient. This dynamic test coefficient is chosen so as to guarantee an adequate level of safety: the coefficient is, as a general rule, equal to 1,1. As a general rule, the tests will be performed at the nominal speeds provided for. Should the control circuit of the machinery or related product allow for a number of simultaneous movements, the tests shall be carried out under the least favourable conditions, as a general rule by combining the movements concerned.

4.1.2.4.   Pulleys, drums, wheels, ropes and chains

Pulleys, drums and wheels shall have a diameter commensurate with the size of the ropes or chains with which they can be fitted.

Drums and wheels shall be designed, constructed and installed in such a way that the ropes or chains with which they are equipped can be wound without coming off.

Ropes used directly for lifting or supporting the load shall not include any splicing other than at their ends. Splicings are, however, tolerated in installations, which are intended by design to be modified regularly according to needs of use.

Complete ropes and their endings shall have a working coefficient chosen in such a way as to guarantee an adequate level of safety. As a general rule, this coefficient is equal to 5.

Lifting chains shall have a working coefficient chosen in such a way as to guarantee an adequate level of safety. As a general rule, this coefficient is equal to 4.

In order to verify that an adequate working coefficient has been attained, the manufacturer shall, for each type of chain and rope used directly for lifting the load and for the rope ends, perform the appropriate tests or have such tests performed.

4.1.2.5.   Lifting accessories and their components

Lifting accessories and their components shall be sized with due regard to fatigue and ageing processes for a number of operating cycles consistent with their expected life-span as specified in the operating conditions for a given application.

Moreover:

• (a) the working coefficient of wire-rope/rope-end combinations shall be chosen in such a way as to guarantee an adequate level of safety; this coefficient is, as a general rule, equal to 5. Ropes shall not comprise any splices or loops other than at their ends;

• (b) where chains with welded links are used, they shall be of the short-link type. The working coefficient of chains shall be chosen in such a way as to guarantee an adequate level of safety; this coefficient is, as a general rule, equal to 4;

• (c) the working coefficient for textile ropes, slings or webbing is dependent on the material, method of manufacture, dimensions and use. This coefficient shall be chosen in such a way as to guarantee an adequate level of safety; it is, as a general rule, equal to 7, provided the materials used are shown to be of very good quality and the method of manufacture is appropriate to the intended use. Should this not be the case, the coefficient is, as a general rule, set at a higher level in order to secure an equivalent level of safety. Textile ropes, slings or webbings shall not include any knots, connections or splicing other than at the ends of the sling, except in the case of an endless sling;

• (d) all metallic components making up, or used with, a sling shall have a working coefficient chosen in such a way as to guarantee an adequate level of safety; this coefficient is, as a general rule, equal to 4;

• (e) the maximum working load of a multilegged sling is determined on the basis of the working coefficient of the weakest leg, the number of legs and a reduction factor which depends on the slinging configuration;

• (f) in order to verify that an adequate working coefficient has been attained, the manufacturer shall, for each type of component referred to in points (a) to (d), perform the appropriate tests or have such tests performed.

4.1.2.6.   Control of movements

Devices for controlling movements shall act in such a way that the machinery or related product on which they are installed is kept safe.

• (a) Machinery or related products shall be designed and constructed or fitted with devices in such a way that the amplitude of movement of its components is kept within the specified limits. The operation of such devices shall, where appropriate, be preceded by a warning;

• (b) Where several fixed or rail-mounted machinery or related products can be manoeuvred simultaneously in the same place, with risks of collision, such machinery shall be designed and constructed in such a way as to make it possible to fit systems enabling these risks to be avoided;

• (c) Machinery or related products shall be designed and constructed in such a way that the loads cannot creep dangerously or fall freely and unexpectedly, even in the event of partial or total failure of the power supply or when the operator stops operating the machinery;

• (d) It shall not be possible, under normal operating conditions, to lower the load solely by friction brake, except in the case of machinery or related products whose function requires it to operate in that way;

• (e) Holding devices shall be designed and constructed in such a way that inadvertent dropping of the loads is avoided.

4.1.2.7.   Movements of loads during handling

The operating position of machinery shall be located in such a way as to ensure the widest possible view of trajectories of the moving parts, in order to avoid possible collisions with persons, equipment or other machinery, which might be manoeuvring at the same time and liable to constitute a hazard.

Machinery with guided loads shall be designed and constructed in such a way as to prevent persons from being injured by movement of the load, the carrier or the counterweights, if any.

4.1.2.8.   Machinery serving fixed landings

4.1.2.8.1.   Movements of the carrier

The movement of the carrier of machinery serving fixed landings shall be rigidly guided to and at the landings. Scissor systems are also regarded as rigid guidance.

4.1.2.8.2.   Access to the carrier

Where persons have access to the carrier, the machinery shall be designed and constructed in such a way as to ensure that the carrier remains stationary during access, in particular while it is being loaded or unloaded.

The machinery shall be designed and constructed in such a way as to ensure that the difference in level between the carrier and the landing being served does not create a risk of tripping.

4.1.2.8.3.   Risks due to contact with the moving carrier

Where necessary in order to fulfil the requirement expressed in the second paragraph of section 4.1.2.7, the travel zone shall be rendered inaccessible during normal operation.

When, during inspection or maintenance, there is a risk that persons situated under or above the carrier may be crushed between the carrier and any fixed parts, sufficient free space shall be provided either by means of physical refuges or by means of mechanical devices blocking the movement of the carrier.

4.1.2.8.4.   Risk due to the load falling off the carrier

Where there is a risk due to the load falling off the carrier, the machinery shall be designed and constructed in such a way as to prevent this risk.

4.1.2.8.5.   Landings

Risks due to contact of persons at landings with the moving carrier or other moving parts shall be prevented.

Where there is a risk due to persons falling into the travel zone when the carrier is not present at the landings, guards shall be fitted in order to prevent this risk. Such guards shall not open in the direction of the travel zone. They shall be fitted with an interlocking device with guard locking controlled by the position of the carrier that prevents:

• (a) hazardous movements of the carrier until the guards are closed and locked;

• (b) hazardous opening of a guard until the carrier has stopped at the corresponding landing.

• 4.1.3. Fitness for purpose

When lifting machinery or related products, including lifting accessories, are placed on the market or are first put into service, the manufacturer shall ensure, by taking appropriate measures or having them taken, that the machinery or related products, including lifting accessories, which are ready for use – whether manually or power-operated – can fulfil their specified functions safely.

The static and dynamic tests referred to in section 4.1.2.3 shall be performed on all lifting machinery or related products ready to be put into service.

Where the machinery or related products cannot be assembled in the manufacturer’s premises, the appropriate measures shall be taken at the place of use by the manufacturer. Otherwise, the measures may be taken either in the manufacturer’s premises or at the place of use.

4.2.   Requirements for machinery or related products whose power source is other than manual effort

4.2.1.   Control of movements

Hold-to-run control devices shall be used to control the movements of the machinery or related products or their equipment. However, for partial or complete movements in which there is no risk of the load or the machinery or related product colliding, the said devices may be replaced by control devices authorising automatic stops at pre-selected positions without the operator holding a hold-to-run control device.

4.2.2.   Loading control

Machinery or related products with a maximum working load of not less than 1 000  kg or an overturning moment of not less than 40 000 Nm shall be fitted with devices to warn the driver and prevent dangerous movements in the event:

• (a) of overloading, either as a result of the maximum working load or the maximum working moment due to the load being exceeded; or

• (b) of the overturning moment being exceeded.

4.2.3.   Installations guided by ropes

Rope carriers, tractors or tractor carriers shall be held by counterweights or by a device allowing permanent control of the tension.

4.3.   Information and markings

4.3.1.   Chains, ropes and webbing

Each length of lifting chain, rope or webbing not forming part of an assembly shall bear a mark or, where this is not possible, a plate or irremovable ring bearing the name and address of the manufacturer and the identifying reference of the relevant certificate.

The certificate mentioned above shall show at least the following information:

• (a) the name and address of the manufacturer;

• (b) a description of the chain or rope, which includes:
• (i) its nominal size;
• (ii) its construction;
• (iii) the material from which it is made; and
• (iv) any special metallurgical treatment applied to the material;

• (c) the test method used;

• (d) the maximum load to which the chain or rope should be subjected in service. A range of values may be given on the basis of the intended applications.

4.3.2.   Lifting accessories

Lifting accessories shall show the following particulars:

• (a) identification of the material where this information is needed for safe use;

• (b) the maximum working load.

In the case of lifting accessories on which marking is physically impossible, the particulars referred to in the first paragraph shall be displayed on a plate or other equivalent means and securely affixed to the accessory.

The particulars shall be legible and located in a place where they are not liable to disappear as a result of wear or jeopardise the strength of the accessory.

4.3.3.   Lifting machinery or related products

The maximum working load shall be prominently marked on the lifting machinery or related product. This marking shall be legible, indelible and in an un-coded form.

Where the maximum working load depends on the configuration of the lifting machinery or related product, each operating position shall be provided with a load plate indicating, preferably in diagrammatic form or by means of tables, the working load permitted for each configuration.

Machinery or related products intended for lifting goods only, equipped with a carrier, which allows access to persons, shall bear a clear and indelible warning prohibiting the lifting of persons. This warning shall be visible at each place where access is possible.

4.4.   Instructions for use

4.4.1.   Lifting accessories

Each lifting accessory or each commercially indivisible batch of lifting accessories shall be accompanied by instructions setting out at least the following particulars:

• (a) the intended use;

• (b) the limits of use (particularly for lifting accessories such as magnetic or vacuum pads which do not fully comply with section 4.1.2.6(e));

• (c) instructions for assembly, use and maintenance;

• (d) the static test coefficient used.

4.4.2.   Lifting machinery or related products

Lifting machinery or related products shall be accompanied by instructions for use containing information on:

• (a) the technical characteristics of the lifting machinery or related product, and in particular:
• (i) the maximum working load and, where appropriate, a copy of the load plate or load table described in the second paragraph of section 4.3.3;
• (ii) the reactions at the supports or anchors and, where appropriate, characteristics of the tracks;
• (iii) where appropriate, the definition and the means of installation of the ballast;

• (b) the contents of the logbook, if the latter is not supplied with the lifting machinery;

• (c) advice for use, particularly to offset the lack of direct vision of the load by the operator;

• (d) where appropriate, a test report detailing the static and dynamic tests carried out by or for the manufacturer;

• (e) for lifting machinery or related products, which are not assembled on the premises of the manufacturer in the form in which they are to be used, the necessary instructions for performing the measures referred to in section 4.1.3 before they are first put into service.

5. SUPPLEMENTARY ESSENTIAL HEALTH AND SAFETY REQUIREMENTS FOR MACHINERY OR RELATED PRODUCTS INTENDED FOR UNDERGROUND WORK

Machinery or related products intended for underground work shall meet all the essential health and safety requirements set out in this chapter (see General Principles, point 4).

5.1.   Risks due to lack of stability

Powered roof supports shall be designed and constructed in such a way as to maintain a given direction when moving and not slip before and while they come under load and after the load has been removed. They shall be equipped with anchorages for the top plates of the individual hydraulic props.

5.2.   Movement

Powered roof supports shall allow for unhindered movement of persons.

5.3.   Control devices

The accelerator and brake controls for movement of machinery running on rails shall be hand-operated. However, enabling devices may be foot-operated.

The control devices of powered roof supports shall be designed and positioned in such a way that, during displacement operations, operators are sheltered by a support in place. The control devices shall be protected against any accidental release.

5.4.   Stopping

Self-propelled machinery running on rails for use in underground work shall be equipped with an enabling device acting on the circuit controlling the movement of the machinery such that movement is stopped if the driver is no longer in control of the movement.

5.5.   Fire

Section 3.5.2 (b) is mandatory in respect of machinery or related products, which comprises highly flammable parts.

The braking system of machinery or related products intended for use in underground workings shall be designed and constructed in such a way that it does not produce sparks or cause fires.

Machinery or related products with internal combustion engines for use in underground workings shall be fitted only with engines using fuel with a low vaporising pressure and which exclude any spark of electrical origin.

5.6.   Exhaust emissions

Exhaust emissions from internal combustion engines shall not be discharged upwards.

6. SUPPLEMENTARY ESSENTIAL HEALTH AND SAFETY REQUIREMENTS FOR MACHINERY OR RELATED PRODUCTS PRESENTING PARTICULAR RISKS DUE TO THE LIFTING OF PERSONS

Machinery or related products presenting particular risks due to the lifting of persons shall meet all the relevant essential health and safety requirements set out in this chapter (see General Principles, point 4).

6.1.   General

6.1.1.   Mechanical strength

The carrier, including any trapdoors, shall be designed and constructed in such a way as to offer the space and strength corresponding to the maximum number of persons permitted on the carrier and the maximum working load.

The working coefficients for components set out in sections 4.1.2.4 and 4.1.2.5 are inadequate for machinery or related products intended for the lifting of persons and shall, as a general rule, be doubled. Machinery or related products intended for lifting persons or persons and goods shall be fitted with a suspension or supporting system for the carrier designed and constructed in such a way as to ensure an adequate overall level of safety and to prevent the risk of the carrier falling.

If ropes or chains are used to suspend the carrier, as a general rule, at least two independent ropes or chains are required, each with its own anchorage.

6.1.2.   Loading control for machinery or related products moved by power other than human strength

The requirements of section 4.2.2 apply regardless of the maximum working load and overturning moment, unless the manufacturer can demonstrate that there is no risk of overloading or overturning.

6.2.   Control devices

Where safety requirements do not impose other solutions, the carrier shall, as a general rule, be designed and constructed in such a way that persons in the carrier have means of controlling upward and downward movements and, if appropriate, other movements of the carrier.

In operation, those control devices shall override any other devices controlling the same movement with the exception of emergency stop devices.

The control devices for the movements referred to in the first paragraph shall be of the hold-to-run type except where the carrier is completely enclosed. If there is no risk of persons or objects on the carrier colliding or falling and no other risks due to the upward and downward movements of the carrier, control devices authorising automatic stops at preselected positions may be used instead of hold-to-run type control devices.

6.3.   Risks to persons in or on the carrier

6.3.1.   Risks due to movements of the carrier

Machinery or related products for lifting persons shall be designed, constructed or equipped in such a way that the acceleration or deceleration of the carrier does not engender risks for persons.

6.3.2.   Risk of persons falling from the carrier

The carrier shall not tilt to an extent, which creates a risk of the occupants falling, including when the machinery or related product and carrier are moving.

Where the carrier is designed as a workstation, provision shall be made to ensure stability and to prevent hazardous movements.

If the measures referred to in section 1.5.15 are not adequate, carriers shall be fitted with a sufficient number of suitable anchorage points for the number of persons permitted on the carrier. The anchorage points shall be strong enough for the use of personal protective equipment against falls from a height.

Any trapdoor in floors or ceilings or side doors shall be designed and constructed in such a way as to prevent inadvertent opening and shall open in a direction that obviates any risk of falling, should they open unexpectedly.

6.3.3.   Risk due to objects falling on the carrier

Where there is a risk of objects falling on the carrier and endangering persons, the carrier shall be equipped with a protective roof.

6.4.   Machinery or related products serving fixed landings

6.4.1.   Risks to persons in or on the carrier

The carrier shall be designed and constructed in such a way as to prevent risks due to contact between persons and/or objects in or on the carrier with any fixed or moving elements. Where necessary in order to fulfil this requirement, the carrier itself shall be completely enclosed with doors fitted with an interlocking device that prevents hazardous movements of the carrier unless the doors are closed. The doors shall remain closed if the carrier stops between landings where there is a risk of falling from the carrier.

Machinery or related products shall be designed, constructed and, where necessary, equipped with devices in such a way as to prevent uncontrolled upward or downward movement of the carrier. These devices shall be able to stop the carrier at its maximum working load and at the foreseeable maximum speed.

The stopping action shall not cause deceleration harmful to the occupants, whatever the load conditions.

6.4.2.   Controls at landings

Controls, other than those for emergency use, at landings shall not initiate movements of the carrier when:

• (a) the control devices in the carrier are being operated;

• (b) the carrier is not at a landing.

6.4.3.   Access to the carrier

The guards at the landings and on the carrier shall be designed and constructed in such a way as to ensure safe transfer to and from the carrier, taking into consideration the foreseeable range of goods and persons to be lifted.

6.5.   Markings

The carrier shall bear the information necessary to ensure safety including:

• (a) the number of persons permitted on the carrier;

• (b) the maximum working load.

ANNEX IV

Technical documentation

PART A

Technical documentation for machinery and related products

The technical documentation shall specify the means used by the manufacturer to ensure the conformity of the machinery or related product with the applicable essential health and safety requirements set out in Annex III.

The technical documentation shall include at least the following elements:

• (a) a complete description of the machinery or related product and of its intended use;

• (b) the documentation on risk assessment demonstrating the procedure carried out, including:
• (i) a list of the essential health and safety requirements that are applicable to the machinery or related product;
• (ii) the description of the protective measures implemented to meet each applicable essential health and safety requirement and, when appropriate, the indication of the residual risks associated with the machinery or related product;

• (c) design and manufacturing drawings and schemes of the machinery or related product and of its components, sub-assemblies and circuits;

• (d) the descriptions and explanations necessary for the understanding of the drawings and schemes referred to in point (c) and of the operation of the machinery or related product;

• (e) the references of the harmonised standards referred to in Article 20(1) or common specifications adopted by the Commission in accordance with Article 20(3) that have been applied for the design and manufacture of the machinery or related product. In the event of partial application of harmonised standards or common specifications, the documentation shall specify the parts, which have been applied;

• (f) where harmonised standards or common specifications have not been applied or have been only partially applied, descriptions of the other technical specifications that have been applied in order to meet each applicable essential health and safety requirement;

• (g) reports and/or results of the design calculations, tests, inspections and examinations carried out to verify the conformity of the machinery or related product with the applicable essential health and safety requirements;

• (h) a description of the means used by the manufacturer during the production of the machinery or related product to ensure the conformity of the machinery or related product produced with the design specifications;

• (i) a copy of the instructions for use and the information set out in section 1.7.4 of Annex III;

• (j) where appropriate, the EU declaration of incorporation for partly completed machinery set out in Annex V, Part B, and the assembly instructions set out in Annex XI;

• (k) where appropriate, copies of the EU declarations of conformity of machinery or related products as well as any product covered by other Union harmonisation legislation incorporated into the machinery or related product;

• (l) for machinery or related products produced in series, the internal measures that will be implemented to ensure that the machinery or related product remains in conformity with this Regulation;

• (m) the source code or programming logic of the safety related software to demonstrate the conformity of the machinery or related product with this Regulation further to a reasoned request from a competent national authority provided that is necessary in order for those authorities to be able to check compliance with the essential health and safety requirements set out in Annex III;

• (n) for sensor-fed, remotely-driven, or autonomous machinery or related products, if the safety related operations are controlled by sensor data, a description, where appropriate, of the general characteristics, capabilities and limitations of the system, data, development, testing and validation processes used;

• (o) the results of research and tests on components, fittings or the machinery or related product carried out by the manufacturer to determine whether by its design or construction it is capable of being assembled and put into service safely.

PART B

Technical documentation for partly completed machinery

The technical documentation shall specify the means used by the manufacturer to ensure the conformity of the partly completed machinery with the relevant essential health and safety requirements set out in Annex III.

The technical documentation shall include at least the following elements:

• (a) a complete description of the partly completed machinery and of its intended function when incorporated into or assembled with machinery or other partly completed machinery or equipment;

• (b) the risk assessment documentation showing the procedure carried out, including:
• (i) a list of the essential health and safety requirements which apply to the partly completed machinery;
• (ii) the description of the protective measures implemented to eliminate identified hazards or to reduce risks and, where appropriate, the indication of the residual risks;

• (c) design and manufacturing drawings and schemes of the partly completed machinery and of its components, sub-assemblies and circuits;

• (d) the descriptions and explanations necessary for the understanding of the drawings and schemes referred to in point (c) and of the operation of the partly completed machinery;

• (e) the references of the harmonised standards referred to in Article 20(1) or common specifications adopted by the Commission in accordance with Article 20(3) that have been applied for the design and manufacture of the partly completed machinery. In the event of partial application of harmonised standards or common specifications, the documentation shall specify the parts, which have been applied;

• (f) where harmonised standards or common specifications have not been applied or have been only partially applied, descriptions of the other technical specifications that have been applied in order to meet each applicable essential health and safety requirement;

• (g) reports and/or results of the design calculations, tests, inspections and examinations carried out to verify the conformity of the partly completed machinery with the applicable essential health and safety requirements;

• (h) a description of the means used by the manufacturer during the production of the partly completed machinery to ensure the conformity of the partly completed machinery produced with the design specifications;

• (i) a copy of the assembly instructions for the partly completed machinery set out in Annex XI;

• (j) for partly completed machinery produced in series, the internal measures that will be implemented to ensure that the partly completed machinery remains in conformity with the essential health and safety requirements applied;

• (k) the source code or programming logic of the safety related software upon a reasoned request from a competent national authority, provided that is necessary in order for those authorities to be able to check compliance with the essential health and safety requirements set out in Annex III;

• (l) for sensor-fed, remotely-driven, or autonomous partly completed machinery, if the safety related operations are controlled by sensor data, a description, where appropriate, of the general characteristics, capabilities and limitations of the system, data, development, testing and validation processes used;

• (m) the results of research and tests on components, fittings or the partly completed machinery carried out by the manufacturer to determine whether by its design or construction it is capable of being assembled and incorporated safely.

ANNEX V

EU DECLARATION OF CONFORMITY AND EU DECLARATION OF INCORPORATION

PART A

EU declaration of conformity of machinery and related products No …

([^E0006])

The EU declaration of conformity shall contain the following particulars:

• 1. The machinery or related product (product, type, model, batch or serial number) or substantially modified machinery or related product.

• 1. Name and address of the manufacturer and, where applicable, its authorised representative.

• 1. For lifting machinery which is intended to be permanently installed in a building or a structure and which cannot be assembled in the manufacturer’s premises but can only be assembled at the place of use, the address of that place.

• 1. This declaration of conformity is issued under the sole responsibility of the manufacturer.

• 1. Object of the declaration (identification of the machinery or related product allowing traceability; where necessary for the identification of the machinery or related product, a colour image of sufficient clarity may be included).

• 1. The object of the declaration referred to in point 5 is in conformity with the following Union harmonisation legislation.

• 1. References to the harmonised standards referred to in Article 20(1) or common specifications adopted by the Commission in accordance with Article 20(3) that were applied, including the date of the publication of the reference to harmonised standards in the Official Journal of the European Union or of the common specification, or references to the other technical specifications, including their date, in relation to which conformity is declared. In the event of partial application of harmonised standards or common specifications, the EU declaration of conformity shall specify the parts which were applied.

• 1. Where applicable, the notified body … (name, number) … performed the EU type-examination (Module B) and issued the EU type-examination certificate … (reference to that certificate), followed by conformity to type based on internal production control (module C) or the conformity based on unit verification (module G) or full quality assurance (module H).

• 1. Where applicable, the machinery or related product is subject to the conformity assessment procedure based on internal production control (Module A).

• 1. Additional information: Signed for and on behalf of: … (place and date of issue): (name, function) (signature):

PART B

EU declaration of incorporation of partly completed machinery No …

([^E0007])

The declaration of incorporation shall contain the following particulars:

• 1. The partly completed machinery (product, type, model batch or serial number).

• 1. Name and address of the manufacturer and, where applicable, its authorised representative.

• 1. This declaration of incorporation is issued under the sole responsibility of the manufacturer.

• 1. Object of the declaration (identification of partly completed machinery allowing traceability; where necessary for the identification of the partly completed machinery, a colour image of sufficient clarity may be included).

• 1. A sentence declaring which essential health and safety requirements set out in Annex III of Regulation (EU) 2023/1230 of the European Parliament and of the Council ([^E0008]) are applied and fulfilled and that the relevant technical documentation was drawn-up in accordance with Annex IV, Part B, and, where appropriate, a sentence declaring the conformity of the partly completed machinery with other relevant Union harmonisation legislation.

• 1. References to the harmonised standards referred to in Article 20(1) or common specifications adopted by the Commission in accordance with Article 20(3) that were applied, including the date of the standard or of the common specification, or references to the other technical specifications, including their date, in relation to which conformity is declared. In the event of partial application of harmonised standards or common specifications, the EU declaration of incorporation shall specify the parts which were applied.

• 1. An undertaking to transmit, in response to a reasoned request by the national authorities, relevant information on the partly completed machinery. This shall include the method of transmission and shall be without prejudice to the intellectual property rights of the manufacturer of the partly completed machinery.

• 1. A statement that the partly completed machinery shall not be put into service until the final machinery into which it is to be incorporated has been declared in conformity with this Regulation.

• 1. Additional information: Signed for and on behalf of: … (place and date of issue): (name, function) (signature):

ANNEX VI

INTERNAL PRODUCTION CONTROL

(Module A)

• 1. Internal production control is the conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in points 2, 3 and 4, and ensures and declares on its sole responsibility that the machinery or related product concerned satisfies the applicable requirements of this Regulation.

• 1. Technical documentation

The manufacturer shall draw up the technical documentation described in Annex IV, Part A.

• 1. Manufacturing

The manufacturer shall take all measures necessary so that the manufacturing process and its monitoring ensure compliance of the manufactured machinery or related products with the technical documentation referred to in point 2 and with the applicable requirements of this Regulation.

• 1. CE marking and EU declaration of conformity

• 4.1.The manufacturer shall affix the CE marking to machinery or related products, individually, that satisfies the applicable requirements of this Regulation.

• 4.2.The manufacturer shall draw up an EU declaration of conformity for each machinery or related product model in accordance with Article 21 and keep it, together with the technical documentation, at the disposal of the national authorities for at least 10 years after the machinery or related product has been placed on the market or put into service. The EU declaration of conformity shall identify the machinery or related product model for which it has been drawn up.

• A copy of the EU declaration of conformity shall be made available to the relevant authorities upon request.

• 1. Authorised representative

The manufacturer’s obligations set out in point 4 may be fulfilled by its authorised representative, on its behalf and under its responsibility, provided that they are specified in the mandate.

ANNEX VII

EU TYPE-EXAMINATION

(Module B)

• 1. EU type-examination is the part of a conformity assessment procedure in which a notified body examines the technical design of machinery or a related product and verifies and attests that the technical design of the machinery or related product meets the applicable requirements of this Regulation.

• 1. EU type-examination shall be carried out by assessment of the adequacy of the technical design of the machinery or related product through examination of the technical documentation, plus examination of a specimen of the machinery or related product that is representative of the production envisaged (production type).

• 1. Application for EU type-examination

The manufacturer shall lodge an application for EU type-examination with a single notified body of its choice.

The application shall include:

• (a) the name and address of the manufacturer and, if the application is lodged by an authorised representative, the name and address of that authorised representative;

• (b) a written declaration that the same application has not been lodged with any other notified body;

• (c) the technical documentation described in Annex IV, Part A;

• (d) the access to the specimen(s) of the machinery or related product representative of the production envisaged. The notified body may request further specimens if needed for carrying out the test programme. For machinery or related products produced in series where each item is adapted to fit an individual user, specimens shall be provided that are representative of the range of different users, while for machinery or related products produced as a single unit to accommodate the special needs of an individual user, a basic model shall be provided.

• 1. EU type-examination

The notified body shall:

• (a) examine the technical documentation to assess the adequacy of the technical design of the machinery or related product. In conducting such an examination, Annex IV, Part A, second subparagraph, points (h) and (l), need not be taken into account;

• (b) for machinery or related products produced in series where each item is adapted to fit an individual user, examine the description of the measures to assess their adequacy;

• (c) verify that the specimen(s) have been manufactured in conformity with the technical documentation, and identify the elements that have been designed in accordance with the applicable provisions of the relevant harmonised standards or common specifications adopted by the Commission in accordance with Article 20(3), as well as the elements that have been designed in accordance with other technical specifications;

• (d) carry out appropriate examinations and tests, or have them carried out, to check whether, where the manufacturer has chosen to apply the solutions in the relevant harmonised standards, or common specifications adopted by the Commission in accordance with Article 20(3), those have been applied correctly;

• (e) carry out appropriate examinations and tests, or have them carried out, to check whether, where the solutions in the relevant harmonised standards or common specifications adopted by the Commission in accordance with Article 20(3) have not been applied, the solutions adopted by the manufacturer, including those in other technical specifications applied, meet the corresponding essential health and safety requirements and have been applied correctly.

• 1. Evaluation report

The notified body shall draw up an evaluation report that records the activities undertaken in accordance with point 4 and their outcomes. Without prejudice to its obligations vis-à-vis the notifying authorities, the notified body shall release the content of that report, in full or in part, only with the agreement of the manufacturer.

• 1. EU type-examination certificate

• 6.1.Where the type meets the applicable essential health and safety requirements, the notified body shall issue an EU type-examination certificate to the manufacturer.

• The period of validity of a newly issued certificate and, where appropriate, of a renewed certificate shall not exceed five years.

• 6.2.The EU type-examination certificate shall contain at least the following information:

• (a) the name and identification number of the notified body;

• (b) the name and address of the manufacturer and, if the application is lodged by an authorised representative, the name and address of that authorised representative;

• (c) an identification of the machinery or related product covered by the certificate (type number);

• (d) a statement that the machinery or related product type complies with the applicable essential health and safety requirements;

• (e) where harmonised standards or common specifications adopted by the Commission in accordance with Article 20(3) have been fully or partially applied, the references of those standards or common specifications or parts thereof;

• (f) where other technical specifications have been applied, the references of those technical specifications;

• (g) the date of issue, the date of expiry and, where appropriate, the date(s) of renewal;

• (h) any conditions attached to the issuing of the certificate.

• 6.3.The EU type-examination certificate may have one or more annexes attached.

• 6.4.Where the type does not satisfy the applicable essential health and safety requirements, the notified body shall refuse to issue an EU type-examination certificate and shall inform the applicant accordingly, giving detailed reasons for its refusal.

• 1. Review of the EU type-examination certificate

• 7.1.The notified body shall keep itself apprised of any changes in the generally acknowledged state of the art, which indicate that the approved type may no longer comply with the applicable essential health and safety requirements, and shall determine whether such changes require further investigation. If so, the notified body shall inform the manufacturer accordingly.

• 7.2.The manufacturer shall inform the notified body that holds the technical documentation relating to the EU type- examination certificate of all modifications to the approved type and of all modifications to the technical documentation that may affect the conformity of the machinery or related product with the applicable essential health and safety requirements or the conditions for validity of that certificate. Such modifications shall require additional approval in the form of an addition to the original EU type-examination certificate.

• 7.3.The manufacturer shall ensure that the machinery or related product continues to fulfil the applicable essential health and safety requirements in light of the state of the art.

• 7.4.The manufacturer shall ask the notified body to review the EU type-examination certificate either:

• (a) in the case of a modification to the approved type referred to in point 7.2;

• (b) in the case of a change in the state of the art referred to in point 7.3;

• (c) at the latest, before the date of expiry of the certificate.

• In the case referred to in point (c), the review may lead to a renewal of the EU type-examination certificate only when the application is submitted by the manufacturer at the earliest 12 months and at the latest 6 months prior to the expiry date of the EU type-examination certificate. Where the manufacturer fails to comply with the deadlines mentioned above, the review may lead only to an approval in the form of an addition to the original EU type-examination certificate and the expiry date of the certificate shall be that of the original certificate.

• 7.5.The notified body shall examine the machinery or related product type and, where necessary in the light of the changes made, carry out the relevant tests to ensure that the approved type continues to fulfil the applicable essential health and safety requirements. If the notified body is satisfied that the approved type continues to fulfil the applicable essential health and safety requirements, it shall renew the EU type-examination certificate or issue an addition to the original EU type-examination certificate. The notified body shall ensure that the review procedure is finalised before the expiry date of the EU type-examination certificate.

• 7.6.Where the conditions referred to in points (a) and (b) of point 7.4 are not met, a simplified review procedure shall apply. The manufacturer shall supply the notified body with the following:

• (a) its name and address and data identifying the EU type-examination certificate concerned;

• (b) confirmation that there has been no modification to the approved type as referred to in point 7.2, including materials, sub-components or sub-assemblies, nor to the relevant harmonised standards or common specifications adopted by the Commission in accordance with Article 20(3) or other technical specifications applied;

• (c) confirmation that there has been no change in the state of the art as referred to in point 7.3; and

• (d) where not already supplied, copies of current product drawings and photographs, product marking and information;

• Where the notified body has confirmed that no modification to the approved type referred to in point 7.2 and no change in the state of the art referred to in point 7.3 has occurred, the simplified review procedure shall be applied and the examinations and tests referred to in point 7.5 shall not be carried out. In that case, the notified body shall renew the EU type-examination certificate.

• The costs associated with that renewal shall be proportionate to the administrative burden of the simplified procedure.

• If the notified body finds that a change in the state of the art referred to in point 7.3 has occurred, the procedure set out in point 7.5 shall apply.

• 7.7.If, following the review, the notified body concludes that the EU type-examination certificate is no longer valid, the body shall withdraw it and the manufacturer shall cease the placing on the market of the machinery or related product concerned.

• 1. Each notified body shall inform its notifying authority concerning the EU type-examination certificates and/or any additions thereto which it has issued or withdrawn, and shall, periodically or upon request, make available to its notifying authority the list of such certificates and/or any additions thereto refused, suspended or otherwise restricted.

Each notified body shall inform the other notified bodies concerning the EU type-examination certificates and/or any additions thereto, which it has refused, withdrawn, suspended or otherwise restricted, and, upon request, concerning the EU type-examination certificates and/or additions thereto which it has issued.

The Commission, the Member States and the other notified bodies may, on request, obtain a copy of the EU type-examination certificates and/or additions thereto. On request, the Commission and the Member States may obtain a copy of the technical documentation and the results of the examinations carried out by the notified body.

The notified body shall keep a copy of the EU type-examination certificate, its annexes and additions, as well as the technical file including the documentation submitted by the manufacturer, for a period of five years after the expiry of the validity of that certificate.

• 1. The manufacturer shall keep a copy of the EU type-examination certificate, its annexes and additions, together with the technical documentation at the disposal of the national authorities, for at least 10 years after the machinery or related product has been placed on the market or put into service.

• 1. The manufacturer’s authorised representative may lodge the application referred to in point 3 and fulfil the obligations set out in points 7.2, 7.4 and 9, provided that they are specified in the mandate.

ANNEX VIII

CONFORMITY TO TYPE BASED ON INTERNAL PRODUCTION CONTROL

(Module C)

• 1. Conformity to type based on internal production control is the part of a conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in points 2 and 3, and ensures and declares under its sole responsibility that the machinery or related product concerned is in conformity with the type described in the EU type-examination certificate and satisfies the applicable requirements of this Regulation.

• 1. Manufacturing

The manufacturer shall take all measures necessary so that the manufacturing process and its monitoring ensure conformity of the manufactured machinery or related products with the type described in the EU type-examination certificate and with the applicable requirements of this Regulation.

• 1. CE marking and EU declaration of conformity

• 3.1.The manufacturer shall affix the CE marking to all machinery or related products that are in conformity with the type described in the EU type-examination certificate and satisfy the applicable requirements of this Regulation.