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10.4.2013 Official
Journal
of
the
European
Union L
101/29
DECISIONS
COMMISSION DECISION
of 8 April 2013
on a measure taken by Denmark according to Article 11 of Directive 2006/42/EC of the European
Parliament and of the Council prohibiting a type of multi-purpose earthmoving machinery
(notified under document C(2013) 1874)
(Text with EEA relevance)
(2013/173/EU)
THE EUROPEAN COMMISSION,
constructed in such a way as to take account of this risk
and fitted, if its size allows, with an appropriate
protective structure.
Having regard to the Treaty on the Functioning of the European
Union,
(4) The
Danish
authorities
indicated
that,
while
several
of
the
intended functions of the machinery exposed the ride-on
Having regard to Directive 2006/42/EC of the European
operator to risks due to falling objects or material, the
Parliament and of the Council of 17 May 2006 on machinery,
machinery had been placed on the market without a
and amending Directive 95/16/EC
( 1 ), and in particular
falling object protective structure (FOPS). The Danish
Article 11 thereof,
authorities asked the manufacturer to take corrective
measures. Since this request was not met, the Danish
authorities prohibited the placing on the market of
Whereas:
Multione S630 machines without a FOPS and ordered
the manufacturer to take corrective action with respect
to machines already placed on the market.
(1) In
accordance
with
the
procedure
set
out
in
Article
11(2)
of Directive 2006/42/EC, the Danish authorities notified
to the Commission and to the other Member States a
measure relating to machinery of the type Multione S630
(5) The
Commission
wrote
to
the
manufacturer
inviting
him
manufactured by C.S.F. Srl., via Palù 6/8, 36040
to communicate his observations on the measure taken
Grumolo delle Abbadesse (Vicenza), Italy. The
by Denmark. In his reply, the manufacturer indicated that
machinery bore the CE marking and was accompanied
he considered that it was not necessary to fit a FOPS
by an EC Declaration of conformity according to
when a machine was supplied for functions not
Directive 2006/42/EC on machinery, Commission
involving a risk of falling objects or material. However
Directive 2004/108/EC (
he informed the Commission that, following the measure

2 ) on electromagnetic compati
bility and Directive 2000/14/EC of the European
taken by the Danish authorities, action had been taken to
Parliament and of the Council (
ensure that all machines placed on the market in

3 ) on noise emission in
the environment by equipment for use outdoors.
Denmark were fitted with a FOPS.

(2) The Multione S630 is multi-purpose earthmoving
(6) Section
1.1.2(a)
of
Annex
I
to
Directive
2006/42/EC
machinery that can be fitted with a wide range of
requires machinery to be designed and constructed so
attachments in order to carry out many different
that it is fitted for its function and can be operated,
functions during activities such as forestry, agriculture,
adjusted and maintained without putting persons at
gardening, landscaping, road maintenance and
risk when these operations are carried out under the
construction.
conditions foreseen but also taking into account any
reasonable foreseeable misuse thereof. The aim of
measures taken must be to eliminate any risk throughout
(3) The
Danish
measure
was
motivated
by
the
non-
the foreseeable lifetime of the machinery including the
conformity of the machinery with the essential health
phases of transport, assembly, dismantling, disabling and
and safety requirement set out in Section 3.4.4 of
scrapping.
Annex I to Directive 2006/42/EC, which requires that
where, in the case of self-propelled machinery with a
ride-on operator, there is a risk due to falling objects
(7) In
the
case
of
multi-purpose
machinery
such
as
the
or material, the machinery must be designed and
Multione S630, even if a machine is initially supplied
for functions not involving a risk due to falling objects
or material, it is likely to be used during its foreseeable
( 1 ) OJ L 157, 9.6.2006, p. 24.
( 2 ) OJ L 337, 13.11.2004, p. 13.
lifetime for other intended functions that expose
( 3 ) OJ L 162, 3.7.2000, p. 1.
operators to that risk. Consequently, the risk due to

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L 101/30
EN
Official Journal of the European Union
10.4.2013
falling objects or material must be taken into account in
S630 not fitted with a falling object protective structure
the design and construction of the machine.
(FOPS) and requiring the manufacturer to take corrective
action with respect to machines already placed on the market
(8) Examination
of
the
evidence
provided
by
the
Danish is justified.
authorities and of the observations communicated by
the manufacturer confirms that machinery of the type
Multione S630 without a FOPS does not comply with
Article 2
the essential health and safety requirement set out in
Section 3.4.4 of Annex I to Directive 2006/42/EC and
This Decision is addressed to the Member States.
that this non-conformity gives rise to a serious risk of
injury to ride-on operators due to falling objects or
material,
Done at Brussels, 8 April 2013.
HAS ADOPTED THIS DECISION:
Article 1
For the Commission
The measure taken by the Danish authorities prohibiting the
Antonio TAJANI
placing on the market of machinery of the type Multione
Vice-President

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Document Outline

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