ntification numbers and the tasks for which they have
been notified. The Commission shall ensure that this list is kept up to date.';


5. the following paragraph is added
to Article 10:

'7. Without prejudice to Article 9:

(a) where a Member State or a
competent authority establishes that the CE marking has been affixed unduly,
the manufacturer or his authorized representative established within the
Community shall be obliged to make the product comply as regards the provisions
concerning the CE marking and to end the infringement under conditions imposed
by the Member State;

(b) where non-compliance continues,
the Member State must take all appropriate measures to restrict or prohibit the
placing on the market of the product in question or to ensure that it is
withdrawn from the market in accordance with the procedures laid down in
Article 9.';

6. Annex I section 2 is replaced by
the following text:

'2. CE conformity marking

- The CE conformity marking shall
consist of the initials "CE " taking the following form:

- If the CE marking is reduced or
enlarged the proportions given in the above graduated drawing must be
respected.

- Where apparatus is the subject of
other Directives covering other aspects and which also provide for the CE
conformity marking, the latter shall indicate that the appliances are also
presumed to conform to those other Directives.

- However, where one or more of
these Directives allow the manufacturer, during a transitional period, to
choose which arrangements to apply, the CE marking shall indicate conformity
only to the Directives applied by the manufacturer. In this case, particulars
of the Directives applied, as published in the Official Journal of the European
Communities, must be given in the documents, notices or instructions required
by the Directives and accompanying such apparatus.

- The various components of the CE
marking must have substantially the same vertical dimension, which may not be
less than 5 mm.'

 

Article 6

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

1. throughout the text, the therm
'EC mark' is replaced by 'CE marking';

2. in Article 8 the fifth paragraph
is replaced by the following text:

'5. (a) Where the machinery is
subject to other Directives concerning other aspects and which also provide for
the affixing of the EC marking, the latter shall indicate that the machinery is
also presumed to conform to the provisions of those other Directives.

(b) However, where one or more of
these Directives allow the manufacturer, during a transitional period, to
choose which arrangements to apply, the CE marking shall indicate conformity
only to the Directives applied by the manufacturer. In this case, particulars
of the Directives applied, as published in the Official Journal of the European
Communities, must be given in the documents, notices or instructions required
by the Directives and accompanying such machinery.';

3. in Article 9 the first paragraph
is replaced by the following text:

'1. Member States shall notify the
Commission and the other Member States of the approved bodies which they have
appointed to carry out the procedures referred to in Article 8 together with
the specific tasks which these bodies have been appointed to carry out and the
identification numbers assigned to them beforehand by the Commission.

The Commission shall publish in the
Official Journal of the European Communities a list of the notified bodies and
their identification numbers and the tasks for which they have been notified.
The Commission shall ensure that this list is kept up to date.';

4. in Article 10 the first paragraph
is replaced by the following text:

'1. The CE conformity marking shall
consist of the initials "CE ". The form of the marking to be used is
shown in Annex III.';

5. In Article 10 the third paragraph
is replaced by the following text:

'3. The affixing of markings on the
machinery which are likely to deceive third parties as to the meaning and form
of the CE marking shall be prohibited. Any other marking may be affixed to the
machinery provided that the visibility and legibility of the CE marking is not
thereby reduced.';

6. the following paragraph is added
to Article 10:

'4. Without prejudice to Article 7:

(a) where a Member State establishes
that the CE marking has been affixed unduly, the manufacturer or his authorized
representative established within the Community shall be obliged to make the
product conform as regards the provisions concerning the CE marking and to end
the infringement under the conditions imposed by the Member State;

(b) where non-conformity continues,
the Member State must take all appropriate measures to restrict or prohibit the
placing on the market of the product in question or to ensure that it is
withdrawn from the market in accordance with the procedures laid down in
Article 7.';

7. section 1.7.3 of Annex I is
amended as follows:

(a) the second indent is replaced by
the following text:

'- the CE marking (see Annex III)';

(b) a fifth indent is added:

'- the year of construction';

8. Annex III is replaced by the
following text:

'ANNEX III

CE CONFORMITY MARKING

- The CE conformity marking shall
consist of the initials "CE " taking the following form:

- If the CE marking is reduced or
enlarged the proportions given in the above drawing must be respected.

- The various components of the CE
marking must have substantially the same vertical dimension, which may not be
less than 5 mm. This minimum dimension may be waived for small-scale
machinery.'

 

Article 7

Directive 89/686/EEC is hereby
amended as follows:

1. throughout the text, the term 'EC
mark' is replaced by 'CE marking';

2. in Article 4 the first paragraph
is replaced by the following text:

'1. Member States may not prohibit,
restrict or hinder the placing on the market of PPE or PPE components which
comply with the provisions of this Directive and which bear the CE marking
attesting their conformity to all the provisions of this Directive, including
the certification procedures in Chapter II.';

3. the following paragraph is added
to Article 5:

'6. (a) Where the PPE is subject to
other Directives concerning other aspects and which also provide for the
affixing of the CE marking, the latter shall indicate that the PPE is also
presumed to conform to the provisions of the other Directives.

(b) However, where one or more of
these Directives allow the manufacturer, during a transitional period, to
choose which arrangements to apply, the CE marking shall indicate conformity to
the provisions only of those Directives applied by the manufacturer. In this
case, particulars of the Directives applied, as published in the Official
Journal of the European Communities, must be given in the documents, notices or
instructions required by the Directives and accompanying such PPE.';

4. in Article 9 the first paragraph
is replaced by the following:

'1. Member States shall notify the
Commission and the other Member States of the bodies which they have appointed
to carry out the procedures referred to in Article 8 together with the specific
tasks which these bodies have been appointed to carry out and the
identification numbers assigned to them beforehand by the Commission.

The Commission shall publish in the
Official Journal of the European Communities a list of the notified bodies and
their identification numbers and the tasks for which they have been notified.
The Commission shall ensure that this list is kept up to date.';

5. the introductory sentence of
Article 12 is replaced by the following text:

'The EC declaration of conformity is
the procedure whereby the manufacturer or his authorized representative
established within the Community:';

6. Article 13 is replaced by the
following text:

'Article 13

1. The CE conformity marking shall
consist of the initials "CE " in the form shown in the specimen in
Annex IV. In the event of the involvement of a notified body in the production
control phase as indicated in Article 11, its identification number shall be
added.

2. The CE marking must be affixed to
each piece of manufactured PPE so as to be visible, legible and indelible
throughout the expected life of the PPE; however, if this is not possible in
view of the characteristics of the product, the CE marking may be affixed to
the packaging.

3. The affixing of markings on the
PPE which are likely to deceive third parties as to the meaning and form of the
CE marking shall be prohibited. Any other marking may be affixed to the PPE or
its packaging provided that the visibility and legibility of the CE marking is
not thereby reduced.

4. Without prejudice to Article 7:

(a) where a Member State establishes
that the CE marking has been affixed unduly, the manufacturer or his authorized
representative established within the Community shall be obliged to make the
product conform as regards the provisions concerning the CE marking and to end
the infringement under the conditions imposed by the Member State;

(b) where non-conformity continues,
the Member State must take all appropriate measures to restrict or prohibit the
placing on the market of the product in question or to ensure that it is
withdrawn from the market in accordance with the procedures laid down in
Article 7.';

7. the following text is added to
section 1.4 of Annex II:

'(h) where appropriate, the
references of the Directives applied in accordance with Article 5 (6) (b);

(i) the name, address and
identification number of the notified body involved in the design stage of the
PPE.';

8. Annex IV is replaced by the
following text:

'ANNEX IV

CE CONFORMITY MARKING AND
INFORMATION

- The CE conformity marking shall
consist of the initials "CE " taking the following form:

- If the CE marking is reduced or
enlarged the proportions given in the above graduated drawing must be
respected.

- The various components of the CE
marking must have substantially the same vertical dimension, which may not be
less than 5 mm. This minimum dimension may be waived for small-scale PPE.

Additional information

- The last two digits of the year in
which the CE marking was affixed; this information is not required in the case
of the PPE referred to in Article 8 (3).'

 

Article 8

Directive 90/384/EEC is hereby
amended as follows:

1. throughout the text, the term 'EC
mark' is replaced by 'CE marking';

2. in Article 2 the second paragraph
is replaced by the following text:

'2. Member States shall take all
steps to ensure that instruments may not be brought into service for the uses
set out in Article 1 (2) (a) unless they meet the requirements of this
Directive which apply to them, including the conformity assessment procedures
referred to in Chapter II, and accordingly bear the CE marking provided for in
Article 10.';

3. in Article 8 the third paragraph
is replaced by the following text:

'3. (a) Where the instruments are
subject to other Directives covering other aspects and which also provide for
the affixing of the CE marking, the latter shall indicate that the instruments
in question are also presumed to conform to the provisions of those other
Directives.

(b) However, where one or more of
the Directives which apply to the instruments allow the manufacturer, during a
transitional period, to choose which arrangements to apply, the CE marking
shall indicate conformity only to the Directives applied by the manufacturer.
In this case, particulars of the Directives applied, as published in the
Official Journal of the European Communities, must be given in the documents,
notices or instructions required by the Directives and accompanying such
instruments.';

4. in Article 9 the first paragraph
is replaced by the following text:

'1. Member States shall notify the
Commission and the other Member States of the bodies which they have appointed
to carry out the procedures referred to in Article 8 tog