L 83/70 Official Journal of the European Union 1.4.2003 COMMISSION COMMISSION DECISION of 21 March 2003 on the publication of the reference of standard EN 1495:1997 ‘Lifting platforms — mast climbing work platforms’ in accordance with Directive 98/37/EC of the European Parliament and of the Council (notified under document number C(2003) 831) (Text with EEA relevance) (2003/224[EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Directive 98/37/EC of the European Parlia- ment and of the Council of 22 June 1998 on the approxima- tion of the laws of the Member States relating to machinery (), as amended by Directive 98/79/EC (3 and in particular Article 6(1) thereof, Having regard to the opinion of the standing committee set up pursuant to Article 5 of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of tech- nical standards and regulations (*), as amended by Directive 98| 48JEC (), Whereas: (1)  Article 2 of Directive 98/37/EC provides that machinery may be placed on the market and put into service only if it does not endanger the safety of persons, domestic animals or property, when properly installed and main- tained and used for its intended purpose. (2)  Where a national standard transposing a harmonised standard, the references of which have been published in the Official Journal of the European Union, covers one or more essential safety requirements, the machine built in accordance with this standard is presumed to meet the relevant essential requirements. (3)  Member States must publish the references of national standards transposing harmonised standards which have been published in the Official Journal of the European Union. (4)  Pursuant to Article 6(1) of Directive 98/37EC, the Neth- erlands has lodged a formal objection to the effect that standard EN 1495:1997 adopted by the European () OJ L 207, 23.7.1998, p. 1. () OJ L 331,7.12.1998, p. 1. () OJ L 204, 21.7.1998, p. 37. () OJL 217, 5.8.1998, p. 18. Committee for Standardisation (CEN) on 21 April 1997 and the references of which were published in the Offi- cial Journal of the European Communities (°) on 13 March 1998, does not entirely satisfy the essential health and safety requirements. (5)  The Commission acknowledges that the use of the machinery concerned could prove hazardous, since stan- dard EN 1495:1997 fails to meet the essential health and safety requirements relating to the design and construction of machinery and safety components set out in Annex I to Directive 98/37[EC, specifically requirements 1.5.15 ‘Risk of slipping, tripping or falling’, 1.7.4 ‘Instructions’ and 6.3 Risk of persons falling from the carrier. Regarding paragraph 5.3.2.4, the last subparagraph of 7.1.2.12, table 8 and figure 9 of stan- dard EN 1495:1997 in particular, the Commission considers that the measures taken in designing and constructing the platform do not permit a high level of safety to be guaranteed for all foreseeable uses of the product. (6)  In the interest of safety and legal certainty the publica- tion of the references to that standard should be accom- panied by an appropriate warning and Member States should add an identical warning in their national stan- dards transposing standard EN 1495:1997. (7)  The reference to standard EN 1495:1997 should be republished accordingly, HAS ADOPTED THIS DECISION: Atrticle 1 The references of standard EN 1495:1997 is replaced by the text set out in the Annex. () O] C 78, 13.3.1998, p. 2.