19 Amendments of Kim VAN SPARRENTAK related to 2021/0105(COD)
Amendment 37 #
Proposal for a regulation
Recital 76 a (new)
Recital 76 a (new)
(76 a) The harmonised standards relevant to this Regulation take into account the United Nations Convention on the Rights of Persons with Disabilitities 1a (UN CRPD) and if the standards do not take the UN CRPD into account, manufacturers would have to explain why;
Amendment 39 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) lifting accessories, including lifting appliances whose speed does not exceed 0.15 m/s’;
Amendment 43 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1 a (new)
Article 3 – paragraph 1 – point 1 a (new)
(1 a) When machinery contains embedded software, preinstalled or installed subsequently, the latter shall be considered as an integrated part of the machinery;
Amendment 45 #
Proposal for a regulation
Article 3 – paragraph 1 – point 16
Article 3 – paragraph 1 – point 16
(16) ‘substantial modification’ means a modification of a machinery product, by physical or digital means after that machinery product has been placed on the market or put into service, which is not foreseen by the manufacturer and as a result of which the compliance of the machinery product with the relevant essential health and safety requirements may be affected. Maintenance and repair operations by third parties are not substantial modifications;
Amendment 46 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1 a. European Injury Database 1.The Commission shall establish and coordinate a European Injury Database, that covers all type of injuries caused by products and machinery placed or made available on the Union market; 2.The market surveillance authorities of Member States shall register the injury data to the database, in compliance with Union and national rules on data protection; 3. The Commission shall establish a common methodology for data collection and oversight the registration of data made by market surveillance authorities;
Amendment 47 #
3. A machinery product shall be included in the list of high-risk machinery products in Annex I if it poses a risk to human health taking into account its design and intended purpose and foreseeable use. A machinery product shall be withdrawn from the list of high-risk machinery products in Annex I if it no longer poses such risk. The risk posed by a certain machinery product shall be established based on the combination of the probability of occurrence of harm and the severity of that harm.
Amendment 48 #
Proposal for a regulation
Article 5 – paragraph 4 – point d
Article 5 – paragraph 4 – point d
(d) statistics on accidents caused by the machinery product for the preceding four years based, in particular information obtained from the Information and Communication System for Market Surveillance (ICSMS) information, safeguard clauses, Rapid Alert System (RAPEX) and, the Machinery Administrative Cooperation Group reporting and the Pan- European Injury Database.
Amendment 59 #
Proposal for a regulation
Annex I – point 25 a (new)
Annex I – point 25 a (new)
25 a. escalators and moving walks;
Amendment 64 #
Proposal for a regulation
Annex III – point 1 – paragraph 1 – point d
Annex III – point 1 – paragraph 1 – point d
(d) estimate the risks, taking into account the severity of the possible injury or damage to health, including mental health, and the probability of its occurrence;
Amendment 67 #
Proposal for a regulation
Annex III – point 3
Annex III – point 3
3. The essential health and safety requirements laid down in this Annex are mandatory; however, taking into account the state of the art, it may not be possible to meet the objectives set by them. In that event, the m. Machinery product shall, as far as possible, be designed and constructed with the purpose of approaching those objectives. Where this is impossible, the machinery shall not be placed on the market.
Amendment 68 #
Proposal for a regulation
Annex III – Part 1 – point 1.1 – point 1.1.1 – paragraph 1 – point a
Annex III – Part 1 – point 1.1 – point 1.1.1 – paragraph 1 – point a
(a) ‘hazard’ means a potential source of injury or damage to health, including mental health;
Amendment 69 #
Proposal for a regulation
Annex III – Part 1 – point 1.1 – point 1.1.2 – point a
Annex III – Part 1 – point 1.1 – point 1.1.2 – point a
(a) A machinery product shall be designed and constructed so that it is fit for its function, and can be operated, adjusted and maintained without putting persons at risk when these operations are carried out under the reasonably foreseeable conditions foreseenof use but also taking into account any reasonably foreseeable misuse thereof. The aim of protective measures shall be to eliminate any risk throughout the foreseeable lifetime of the machinery product including the phases of transport, assembly, dismantling, disabling and scrapping.
Amendment 76 #
Proposal for a regulation
Annex III – Part 1 – point 1.1 – point 1.1.6 – paragraph 1 – point c
Annex III – Part 1 – point 1.1 – point 1.1.6 – paragraph 1 – point c
(c) avoiding ano machine-determined work rate, allowing work-rate adaptivity and not allowing for work-rates that endanger health and safety, including psychological stress and cognitive workload;
Amendment 78 #
Proposal for a regulation
Annex III – Part 1 – point 1.1 – point 1.1.6 – paragraph 1 – point d
Annex III – Part 1 – point 1.1 – point 1.1.6 – paragraph 1 – point d
(d) avoidingno monitoring that requires lengthy concentration;
Amendment 98 #
Proposal for a regulation
Annex III – Part 1 – point 1.3 – point 1.3.7 – introductory part
Annex III – Part 1 – point 1.3 – point 1.3.7 – introductory part
1.3.7. Risks related to moving parts and, psychological stress and cognitive workload
Amendment 100 #
Proposal for a regulation
Annex III – Part 1 – point 1.3 – point 1.3.7 – paragraph 4 – introductory part
Annex III – Part 1 – point 1.3 – point 1.3.7 – paragraph 4 – introductory part
The prevention of risks of contact leading to hazard situations and the psychological stress and cognitive workload that may be caused by the interaction with the machine shall be adapted to:
Amendment 107 #
Proposal for a regulation
Annex III – Part 1 – point 1.7 – point 1.7.4 – paragraph 3
Annex III – Part 1 – point 1.7 – point 1.7.4 – paragraph 3
The instructions may be provided in a digital format. However, upon purchaser’s request at the time of the purchase of the machinery product, the instructions shall be provided in paper format free of charge over the entire lifecycle of the machinery product.
Amendment 123 #
Proposal for a regulation
Annex III – Part 3 – point 3.2 – point 3.2.2 – paragraph 1
Annex III – Part 3 – point 3.2 – point 3.2.2 – paragraph 1
Where there is a risk that operators or other persons transported by the machinery may be crushed between parts of the machinery and the surroundings should the machinery roll or tip over, in particular for machinery equipped with a protective structure referred to in section 3.4.3 or 3.4.4, the machinery shall be designed or equipped with a restraint system so as to keep the persons in their seats or in the protective structure, without restricting movements necessary for operations or movements relative to the structure caused by the suspension of the seats. Such restraint systems or provision shall have an ergonomic design and shall not be fitted if they increase the risk.
Amendment 124 #
Proposal for a regulation
Annex III – Part 3 – point 3.2 – point 3.2.2 – paragraph 2
Annex III – Part 3 – point 3.2 – point 3.2.2 – paragraph 2
The machine shall not be able to move when the restraint system is not active in case there is a significant risk of tipping or rolling over. A visual orand audible signal shall be provided at the driving position alerting the driver when the restraint system is not active.