L 157/24 Official Journal of the European Union 9.6.2006 DIRECTIVE 2006/42/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 17 May 2006 on machinery, and amending Directive 95/16/EC (recast) (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO- PEAN UNION, Having regard to the Treaty establishing the European Com- munity, and in particular Article 95 thereof, Having regard to the proposal from the Commission ('), Having regard to the opinion of the European Economic and Social Committee (), Acting in accordance with the procedure laid down in Article 251 of the Treaty (), Whereas: (1) Directive 98/37[EC of the European Parliament and of the Council of 22 June 1998 on the approximation of the laws of the Member States relating to machinery (%) codified Directive 89/392/EEC (). Now that new substantial amendments are being made to Directive 98/ 37[EC, it is desirable, in order to clarify matters, that that Directive should be recast. (2)  The machinery sector is an important part of the engi- neering industry and is one of the industrial mainstays of the Community economy. The social cost of the large number of accidents caused directly by the use of machinery can be reduced by inherently safe design and construction of machinery and by proper installation and maintenance. (3)  Member States are responsible for ensuring the health and safety on their territory of persons, in particular of workers and consumers and, where appropriate, of domestic animals and goods, notably in relation to the risks arising out of the use of machinery. () OJ C 154 E, 29.5.2001, p. 164. () 0] C 311, 7.11.2001, p. 1. () Opinion of the European Parliament of 4 July 2002 (O] C 271 E, 12.11.2003, p. 491), Council Common Position of 18 July 2005 (O] C 251 E, 11.10.2005, p. 1) and Position of the European Parlia- ment of 15 December 2005 (not yet published in the Official Journal). Council Decision of 25 April 2006. () O] L 207, 23.7.1998, p. 1. Directive as amended by Directive 98/79/EC (O] L 331, 7.12.1998, p. 1). () Council Directive 89/392/EEC of 14 June 1989 on the approxima- tion of the laws of the Member States relating to machinery (O] L 183, 29.6.1989, p. 9). (4 In order to ensure legal certainty for users, the scope of this Directive and the concepts relating to its application should be defined as precisely as possible. (5)  The Member States’ mandatory provisions governing construction site hoists intended for lifting persons or persons and goods, which are often supplemented by de facto compulsory technical specifications andfor by voluntary standards, do not necessarily lead to different levels of health and safety but, because of their dispari- ties, do nevertheless constitute barriers to trade within the Community. Moreover, the national systems for the conformity assessment and certification of these machines diverge considerably. It is therefore desirable not to exclude from the scope of this Directive construc- tion site hoists intended for lifting persons or persons and goods. (6) It is appropriate to exclude from the scope of this Direc- tive weapons, including firearms, that are subject to Council Directive 91/477/EEC of 18 June 1991 on control of the acquisition and possession of weapons (°); the exclusion of firearms should not apply to portable cartridge-operated fixing and other impact machinery designed for industrial or technical purposes only. It is necessary to provide for transitional arrangements enabling Member States to authorise the placing on the market and putting into service of such machinery manufactured in accordance with national provisions in force upon adoption of this Directive, including those implementing the Convention of 1 July 1969 on the Reciprocal Recognition of Proofmarks on Small Arms. Such transitional arrangements will also enable the Euro- pean standardisation organisations to draft standards ensuring the safety level based on the state of the art. (7)  This Directive does not apply to the lifting of persons by means of machines not designed for the lifting of persons. However, this does not affect the right of Member States to take national measures, in accordance with the Treaty, with respect to such machines, with a view to implementing Council Directive 89/655/EEC of 30 November 1989 concerning the minimum safety and health requirements for the use of work equipment by workers at work (second individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (). () OJ L 256, 13.9.1991, p. 51. () OJ L 393, 30.12.1989, p. 13. Directive as last amended by Direc- tive 2001/45/EC of the European Parliament and of the Council (O] L 195, 19.7.2001, p. 46).