Council Directive 84/532/EEC of 17 September 1984 on the approximation of the laws of the Member States relating to common provisions for construction plant and equipment

• Published date: 19 November 1984
• Official Gazette Publication: Official Journal of the European Communities, L 300, 19 November 1984

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31984L0532

Council Directive 84/532/EEC of 17 September 1984 on the approximation of the laws of the Member States relating to common provisions for construction plant and equipment

Official Journal L 300 , 19/11/1984 P. 0111 - 0122
Finnish special edition: Chapter 13 Volume 14 P. 0097
Spanish special edition: Chapter 13 Volume 18 P. 0121
Swedish special edition: Chapter 13 Volume 14 P. 0097
Portuguese special edition Chapter 13 Volume 18 P. 0121

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( 1 ) OJ NO C 82 , 14 . 4 . 1975 , P . 91 .

( 2 ) OJ NO C 76 , 7 . 4 . 1975 , P . 37 .

( 3 ) OJ NO C 263 , 17 . 11 . 1975 , P . 42 .

( 4 ) OJ NO L 42 , 23 . 2 . 1970 , P . 1 .

( 5 ) OJ NO L 375 , 31 . 12 . 1980 , P . 34 .

( 6 ) THIS DIRECTIVE WAS NOTIFIED TO THE MEMBER STATES ON 26 SEPTEMBER 1984 .

COUNCIL DIRECTIVE OF 17 SEPTEMBER 1984 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO COMMON PROVISIONS FOR CONSTRUCTION PLANT AND EQUIPMENT ( 84/532/EEC )

THE COUNCIL OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 100 THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ( 1 ) ,

HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 2 ) ,

HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 3 ) ,

WHEREAS , IN EACH MEMBER STATE , CONSTRUCTION PLANT AND EQUIPMENT MUST HAVE CERTAIN TECHNICAL CHARACTERISTICS WHICH ARE LAID DOWN IN MANDATORY REQUIREMENTS ; WHEREAS THESE REQUIREMENTS DIFFER FROM ONE MEMBER STATE TO ANOTHER ; WHEREAS THESE DIFFERENCES HINDER TRADE WITHIN THE EUROPEAN COMMUNITY ;

WHEREAS SUCH OBSTACLES TO THE ESTABLISHMENT AND FUNCTIONING OF THE COMMON MARKET CAN BE REDUCED AND ELIMINATED IF THE SAME REQUIREMENTS ARE ADOPTED BY ALL THE MEMBER STATES EITHER IN ADDITION TO OR IN PLACE OF THEIR PRESENT LAWS ;

WHEREAS THE REQUIREMENTS OF THIS DIRECTIVE ARE APPLICABLE TO CONSTRUCTION PLANT AND EQUIPMENT , AND ARE AIMED PRIMARILY AT ENSURING THE PROTECTION OF THE ENVIRONMENT FROM AIRBORNE NOISE AND SAFETY AT WORK EXCEPT WHERE THIS IS DIRECTLY ASSOCIATED WITH LIFTING EQUIPMENT ; WHEREAS , THEREFORE , LIFTING APPLIANCES ON WORKSITES WILL , IF NECESSARY , FORM THE SUBJECT OF SPECIAL REQUIREMENTS ;

WHEREAS , VERIFICATION THAT TECHNICAL REQUIREMENTS HAVE BEEN OBSERVED IS NECESSARY IN ORDER THAT USERS AND OTHERS MAY BE PROPERLY PROTECTED ; WHEREAS THE EXISTING INSPECTION PROCEDURES DIFFER FROM ONE MEMBER STATE TO ANOTHER AND , IN ORDER TO ACHIEVE FREE MOVEMENT OF CONSTRUCTION PLANT AND EQUIPMENT WITHIN THE COMMON MARKET AND AVOID MULTIPLE INSPECTIONS , WHICH CONSTITUE OBSTACLES TO THE FREE MOVEMENT OF SUCH PLANT AND EQUIPMENT , PROVISION SHOULD BE MADE FOR MUTUAL RECOGNITION OF INSPECTIONS BETWEEN THE MEMBER STATES ;

WHEREAS , IN ORDER TO ASSIST THIS MUTUAL RECOGNITION OF INSPECTIONS , SUITABLE ADMINISTRATIVE PROCEDURES TO BE FOLLOWED PRIOR TO THE MARKETING OF APPLIANCES SHOULD BE INTRODUCED , VIZ . EEC TYPE-APPROVAL , EEC TYPE-EXAMINATION , EEC VERIFICATION AND EEC SELF-CERTIFICATION ; WHEREAS THERE SHOULD BE HARMONIZATION OF THE CRITERIA TO BE APPLIED WHEN APPOINTING THE APPROVED BODIES FOR CARRYING OUT EEC TYPE-EXAMINATIONS ;

WHEREAS THE NATIONAL REGULATIONS RELATING TO CONSTRUCTION PLANT AND EQUIPMENT COVER NUMEROUS CATEGORIES OF PLANT AND EQUIPMENT WITH WIDELY VARYING USES ; WHEREAS IT IS THEREFORE DESIRABLE TO LAY DOWN IN THIS DIRECTIVE GENERAL PROVISIONS ON THE PROCEDURES FOR EEC TYPE-APPROVAL , EEC TYPE-EXAMINATION , EEC VERIFICATION AND EEC SELF-CERTIFICATION ; WHEREAS SEPARATE DIRECTIVES FOR EACH CATEGORY OF CONSTRUCTION PLANT AND EQUIPMENT LAY DOWN THE REQUIREMENTS RELATING TO THE TECHNICAL CONSTRUCTION , THE METHODS FOR INSPECTING SUCH PLANT AND EQUIPMENT AND , WHERE APPROPRIATE , THE CONDITIONS UNDER WHICH COMMUNITY TECHNICAL REQUIREMENTS ARE TO BE SUBSTITUTED FOR THE NATIONAL PROVISIONS WHICH ALREADY EXIST ;

WHEREAS THIS DIRECTIVE DOES NOT DIFFERENT THE PROVISIONS OF COUNCIL DIRECTIVE 70/156/EEC OF 6 FEBRUARY 1970 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO THE TYPE-APPROVAL OF MOTOR VEHICLES AND THEIR TRAILERS ( 4 ) , AS LAST AMENDED BY DIRECTIVE 80/1267/EEC ( 5 ) ;

WHEREAS IT IS CONCEIVABLE THAT CONSTRUCTION PLANT OR EQUIPMENT PLACED ON THE MARKET MAY MEET THE REQUIREMENTS OF THE RELEVANT SEPARATE DIRECTIVES BUT NEVERTHELESS REPRESENT A HAZARD TO HEALTH OR SAFETY ; WHEREAS IT IS THEREFORE NECESSARY TO LAY DOWN A PROCEDURE TO REDUCE THAT RISK ;

WHEREAS , IN ORDER TO TAKE ACCOUNT OF TECHNICAL PROGRESS , A PROMPT ADAPTATION OF THE TECHNICAL REQUIREMENTS SPECIFIED IN THE DIRECTIVES ON CONSTRUCTION PLANT AND EQUIPMENT IS NECESSARY ; WHEREAS , IN ORDER TO FACILITATE APPLICATION OF THE MEASURES NECESSARY FOR THIS PURPOSE , THERE SHOULD BE A PROCEDURE FOR SETTING UP CLOSE COOPERATION BETWEEN THE MEMBER STATES AND THE COMMISSION WITHIN A COMMITTEE FOR THE ADAPTATION TO TECHNICAL PROGRESS OF THE DIRECTIVES ON THE ELIMINATION OF TECHNICAL BARRIERS TO INTRA-COMMUNITY TRADE IN CONSTRUCTION PLANT AND EQUIPMENT ,

HAS ADOPTED THIS DIRECTIVE :

CHAPTER I

DEFINITIONS

ARTICLE 1

1 . FOR THE PURPOSES OF THIS DIRECTIVE , " CONSTRUCTION PLANT AND EQUIPMENT " MEANS ALL MACHINERY , APPLIANCES , PLANT AND INSTALLATIONS OR COMPONENTS THEREOF WHICH ARE USED , ACCORDING TO THEIR TYPE , TO PERFORM WORK ON CIVIL ENGINEERING AND BUILDING SITES BUT WHICH ARE NOT PRIMARILY INTENDED FOR THE TRANSPORT OF GOODS OR PERSONS .

2 . THIS DIRECTIVE SHALL APPLY ONLY TO CIVIL ENGINEERING AND BUILDING EQUIPMENT AS DEFINED IN PARAGRAPH 1 , FOR WHICH DETAILED RULES ARE LAID DOWN IN THE SEPARATE DIRECTIVES MENTIONED IN ARTICLE 3 .

3 . AGRICULTURAL AND FORESTRY TRACTORS AND LIFTING APPLIANCES ARE EXCLUDED FROM THE SCOPE OF THIS DIRECTIVE .

ARTICLE 2

FOR THE PURPOSES OF THIS DIRECTIVE :

" EEC TYPE-APPROVAL " MEANS THE PROCEDURE WHEREBY A MEMBER STATE ESTABLISHES , FOLLOWING TESTS , AND CERTIFIES THAT A TYPE OF EQUIPMENT REFERRED TO IN ARTICLE 1 CONFORMS TO THE REQUIREMENTS HARMONIZED UNDER THE RELEVANT SEPARATE DIRECTIVES ;

" EEC TYPE-EXAMINATION " MEANS THE PROCEDURE WHEREBY A BODY APPROVED FOR THAT PURPOSE BY A MEMBER STATE ESTABLISHES , FOLLOWING TESTS , AND CERTIFIES THAT A TYPE OF EQUIPMENT CONFORMS TO THE HARMONIZED REQUIREMENTS UNDER THIS DIRECTIVES ;

" EEC VERIFICATION " MEANS THE PROCEDURE WHEREBY A MEMBER STATE CAN AFFIRM , FOLLOWING TESTS , THAT EACH ITEM OF EQUIPMENT CONFORMS TO THE HARMONIZED REQUIREMENTS UNDER THIS DIRECTIVE AND UNDER THE RELEVANT SEPARATE DIRECTIVES ;

" EEC SELF-CERTIFICATION " MEANS THE PROCEDURE WHEREBY THE MANUFACTURER , OR THE AUTHORIZED REPRESENTATIVE ESTABLISHED IN THE COMMUNITY , CERTIFIES , ON HIS OWN RESPONSIBILITY , THAT AN ITEM OF EQUIPMENT CONFORMS TO THE HARMONIZED REQUIREMENTS UNDER THIS DIRECTIVE AND THE RELEVANT SEPARATE DIRECTIVES .

ARTICLE 3

1 . FOR ALL EQUIPMENT , GENERAL DIRECTIVES SHALL DEFINE THE HARMONIZED REQUIREMENTS , IN PARTICULAR THOSE CONCERNING SAFETY AT WORK AND THE METHOD OF MEASURING THE SOUND EMISSION LEVEL OF EQUIPMENT .

2 . SEPARATE DIRECTIVES SHALL SPECIFY THE TECHNICAL REQUIREMENTS FOR THE CONSTRUCTION AND FUNCTIONING OF THE CATEGORIES OF EQUIPMENT TO WHICH THEY REFER AND SHALL FURTHER STATE WHICH OF THE PROCEDURES REFERRED TO IN ARTICLE 2 IS APPLICABLE .

CHAPTER II

EEC TYPE-APPROVAL

ARTICLE 4

1 . WHERE IT IS PROVIDED FOR IN A SEPARATE DIRECTIVE , EEC TYPE-APPROVAL SHALL BE A PREREQUISITE FOR THE MARKETING , PLANING INTO SERVICE AND USE OF AN ITEM OF EQUIPMENT .

2 . MEMBER STATES SHALL , AT THE REQUEST OF THE MANUFACTURER , OR OF HIS AUTHORIZED...