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.'